Canada National Parks Act (S.C. 2000, c. 32)

Act current to 2017-12-11 and last amended on 2017-06-19. Previous Versions

Marginal note:Resource harvesting in certain parks
  •  (1) The Governor in Council may make regulations respecting the exercise of traditional renewable resource harvesting activities in

    • (a) Wood Buffalo National Park of Canada;

    • (b) Wapusk National Park of Canada;

    • (c) Gros Morne National Park of Canada;

    • (d) any national park of Canada established in the District of Thunder Bay in the Province of Ontario;

    • (e) Mingan Archipelago National Park Reserve of Canada; and

    • (f) any national park of Canada established in an area where the continuation of such activities is provided for by an agreement between the Government of Canada and the government of a province respecting the establishment of the park.

  • Marginal note:Land claims agreements

    (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.

  • Marginal note:Regulations respecting resource harvesting

    (3) Regulations made under subsection (1) or (2) may

    • (a) specify what are traditional renewable resource harvesting activities;

    • (b) designate categories of persons authorized to engage in those activities and prescribe the conditions under which they may engage in them;

    • (c) prohibit the use of renewable resources harvested in parks for other than traditional purposes;

    • (d) control traditional renewable resource harvesting activities;

    • (e) authorize the removal and disposal of any equipment or harvested resources left in a park in contravention of the regulations, and provide for the recovery of expenses incurred in their removal and disposal; and

    • (f) notwithstanding anything in this subsection, authorize the superintendent of a park

      • (i) to close areas of the park to traditional renewable resource harvesting activities for purposes of park management, public safety or the conservation of natural resources,

      • (ii) to establish limits on the renewable resources that may be harvested in any period, or to vary any such limits established by the regulations, for purposes of conservation, and

      • (iii) to prohibit or restrict the use of equipment in the park for the purpose of protecting natural resources.

  • Marginal note:Removal of carving stone

    (4) In regulations made under subsection (2), subsection (3) may be applied to the removal of stone for carving purposes.

  • Marginal note:Variations by superintendent

    (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.

Enforcement

Marginal note:Designation of park wardens

 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.

Marginal note:Designation of enforcement officers

 The Minister may designate persons or classes of persons employed in the federal public administration or by a provincial, municipal or local authority or an aboriginal government, 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.

  • 2000, c. 32, s. 19;
  • 2002, c. 18, s. 31.3;
  • 2003, c. 22, s. 224(E).
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 one or more parks or in respect of all or specified offences under this Act that have been designated as contraventions under the Contraventions Act.

  • 2009, c. 14, s. 30.
Marginal note:Certificate of designation and oath
  •  (1) Every park warden, enforcement officer and person designated under section 19.1 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.

  • 2000, c. 32, s. 20;
  • 2009, c. 14, s. 30.
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.

  • 2009, c. 14, s. 30.
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. 30.
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.

  • 2000, c. 32, s. 21;
  • 2009, c. 14, s. 30.
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 any thing that the warden or officer believes on reasonable grounds is a thing described in subsection (2).

  • Marginal note:Authority to issue warrant

    (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,

    • (a) any thing in relation to which there are reasonable grounds to believe an offence under this Act or the regulations has been committed, or

    • (b) any thing that there are reasonable grounds to believe will afford evidence with respect to the commission of such an offence,

    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.

  • Marginal note:Where 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.

 
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