Marginal note:Limitation period
31.1 No proceedings by way of summary conviction in respect of an offence under this Act may be instituted more than five years after the day on which the subject matter of the proceedings arose, unless the prosecutor and the defendant agree that they may be instituted after the five years.
- 2009, c. 14, s. 40.
Marginal note:Contraventions Act
31.2 If an offence under this Act is designated as a contravention under the Contraventions Act, subsection 8(5) of that Act does not apply in respect of the fine that may be established for that contravention.
- 2009, c. 14, s. 40.
Marginal note:Publication of information about contraventions
31.3 (1) For the purpose of encouraging compliance with this Act and the regulations, the Minister shall maintain, in a registry accessible to the public, information about all convictions of corporations for offences under this Act.
(2) Information in the registry is to be maintained for a minimum of five years.
- 2009, c. 14, s. 40.
Marginal note:Report to Parliament
(2) The Minister shall, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament.
- 2009, c. 14, s. 40.
Mitigation of Environmental Damage
Marginal note:Pollution clean-up
32 (1) Where a substance that is capable of degrading the natural environment, injuring fauna, flora or cultural resources or endangering human health is discharged or deposited in a park, any person who has charge, management or control of the substance shall take reasonable measures to prevent any degradation of the natural environment and any danger to the fauna, flora or cultural resources or to persons that may result from the discharge or deposit.
Marginal note:Powers of superintendent and Minister
(2) If the superintendent of a park is of the opinion that a person is not taking the measures required by subsection (1), the superintendent 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.
Marginal note:Expenses of clean-up
(3) A person who fails to comply with a direction given by a superintendent 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.
Marginal note:Preparation of community plan
33 (1) A community plan for each park community shall be tabled in each House of Parliament as soon as possible after this section comes into force, accompanied in the case of the town of Banff by any zoning by-laws made under the agreement referred to in section 35.
Marginal note:Contents of community plan
(2) A community plan for a park community must
(a) be consistent with the management plan for the park in which the park community is located;
(b) accord with any guidelines established by the Minister for appropriate activities within the park community;
(c) provide a strategy for the management of growth within the park community; and
(d) be consistent with principles of
Marginal note:Elements to be included
(3) A community plan, or the zoning by-laws referred to in subsection (1) and tabled with it, must include
Marginal note:Amendment of Schedule 4
(4) Subject to section 34, the Governor in Council may, by order, add the description of a park community, the description of its commercial zones and a measure of their maximum floor area referred to in subsection (3) to columns 2, 3 and 4, respectively, of Schedule 4, opposite the name of the community set out in column 1 of that Schedule, but any description or measure so added is not subject to amendment by the Governor in Council.
Marginal note:Leases, licences, etc.
(5) No lease or licence of occupation may be granted, and no permit, licence or other authorization may be issued, authorizing a commercial use of lands within a commercial zone of a park community if the maximum floor area for commercial zones specified for that park community in Schedule 4 would be exceeded as a result of that use.
- 2000, c. 32, s. 33;
- 2015, c. 3, s. 19(F).
Marginal note:Additions to be tabled and referred
34 (1) Before additions are made to Schedule 4 under subsection 33(4), the proposed additions shall be tabled in each House of Parliament, and on tabling they stand referred to the standing committee of each House that normally considers matters relating to parks or to any other committee that that House may designate for the purposes of this section.
Marginal note:Disapproval by committee
(2) The committee of each House may, within 30 sitting days after the proposed additions to Schedule 4 are tabled, report to the House that it disapproves the additions, in which case a motion to concur in the report shall be put to the House in accordance with its procedures.
Marginal note:Disposition of motion for concurrence
(3) The motion shall be debated for not more than three hours and disposed of in accordance with the procedures of the House.
Marginal note:Additions allowed
(4) Proposed additions to Schedule 4 may be made if 31 sitting days have elapsed after the tabling of the additions in both Houses and no motion referred to in subsection (2) has been proposed in either House.
Marginal note:Additions not allowed
(5) Proposed additions to Schedule 4 may not be made if either House passes a motion referred to in subsection (2).
Provisions for Particular Parks
Marginal note:Banff local government
35 The Governor in Council, having authorized the Minister to enter into the Town of Banff Incorporation Agreement dated December 12, 1989, being an agreement for the establishment of a local government body for the town of Banff in Banff National Park of Canada, and to entrust to that body the local government functions specified in the Agreement, may authorize the Minister to further amend the Agreement.
Marginal note:Lands for ski facilities
Marginal note:Designation of ski areas
(2) The Governor in Council may, by order, add to Schedule 5 the name and a description of a commercial ski area in the vicinity of Sunshine Village in Banff National Park of Canada, but that Schedule is not otherwise subject to amendment by the Governor in Council.
Marginal note:Wildlife Advisory Board
Marginal note:Hunting, trapping and fishing permits
(2) Notwithstanding any regulations made under section 17, permits for hunting, trapping and fishing by members of the Cree Band of Fort Chipewyan in the traditional hunting grounds of Wood Buffalo National Park of Canada shall be issued in accordance with regulations of the Wildlife Advisory Board.
(3) The Wildlife Advisory Board may, subject to the approval of the Governor in Council, make regulations respecting
(a) the issuance, amendment and revocation, by the superintendent of the Park, of permits for hunting, trapping and fishing by members of the Cree Band of Fort Chipewyan in the traditional hunting grounds of the Park;
(b) the qualifications for such permits; and
(c) the number of such permits that may be issued.
Marginal note:Traditional hunting grounds
(4) For the purposes of this section, the traditional hunting grounds of Wood Buffalo National Park of Canada consist of the lands shown on Plan 72702 in the Canada Lands Surveys Records at Ottawa, a copy of which is filed in the Land Titles Office at Edmonton under number 902-0325, which lands contain 8869 square kilometres (886 894 hectares).
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