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:Amendment of park descriptions
  •  (1) Notwithstanding subsection 5(2) and section 13, the Governor in Council may, by order,

    • (a) amend or replace the description of Wood Buffalo National Park of Canada in Schedule 1 for the purpose of withdrawing from that Park any lands in the vicinity of Garden River in the province of Alberta that may be required for the establishment of an Indian reserve;

    • (b) amend or replace the description of Wood Buffalo National Park of Canada in Schedule 1, in accordance with an agreement between Canada and the Salt River First Nation or with any first nation formed from the division of that First Nation, for the purpose of withdrawing from that Park any lands that may be required for purposes of entitlement to land under Treaty Number Eight between Her Majesty the Queen and the Cree, Beaver, Chipewyan and other Indians;

    • (c) amend or replace the description of Riding Mountain National Park of Canada in Schedule 1 for the purpose of withdrawing from that Park the east half of Section 8 in Township 20, Range 19, for purposes of settling a claim of the Keeseekoowenin Band; or

    • (d) amend or replace the description of Wapusk National Park of Canada in Schedule 1, in accordance with the agreement between Canada and Manitoba respecting the establishment of that Park, for the purpose of withdrawing from the Park any lands that may be required for purposes of entitlement to land under

      • (i) Treaty Number Five between Her Majesty the Queen and the Saulteaux and Swampy Cree Tribes of Indians at Berens River, or

      • (ii) the Northern Flood Agreement concluded on December 16, 1977 between Canada, Manitoba, the Manitoba Hydro-Electric Board and the Northern Flood Committee, Inc.

  • Marginal note:Lands not required

    (2) Lands withdrawn from Wood Buffalo National Park of Canada or Wapusk National Park of Canada pursuant to subsection (1) are declared to be no longer required for park purposes.

Park Reserves

Marginal note:Application of Act

 Subject to sections 40 to 41.4, this Act applies to a park reserve as if it were a park.

  • 2000, c. 32, s. 39;
  • 2009, c. 17, s. 6;
  • 2013, c. 28, s. 2;
  • 2014, c. 35, s. 3.
Marginal note:Aboriginal resource harvesting

 The application of this Act to a park reserve is subject to the carrying on of traditional renewable resource harvesting activities by aboriginal persons.

Marginal note:Agreement re Gwaii Haanas
  •  (1) The Governor in Council may authorize the Minister to enter into an agreement with the Council of the Haida Nation respecting the management and operation of Gwaii Haanas National Park Reserve of Canada.

  • Marginal note:Resource harvesting and cultural activities

    (2) For the purpose of implementing an agreement referred to in subsection (1), the Governor in Council may make regulations, applicable in the Gwaii Haanas National Park Reserve of Canada, respecting the continuance of traditional renewable resource harvesting activities and Haida cultural activities by people of the Haida Nation to whom subsection 35(1) of the Constitution Act, 1982 applies.

  • Marginal note:Additions to reserve

    (3) Pending the resolution of the disputes outstanding between the Haida Nation and the Government of Canada respecting their rights, titles and interests in or to the Gwaii Haanas Archipelago, the Governor in Council may, by order, alter the description of Gwaii Haanas National Park Reserve of Canada in Schedule 2 for the purpose of adding to the Reserve any portion of the Gwaii Haanas Archipelago as described in Schedule VI to the National Parks Act, chapter N-14 of the Revised Statutes of Canada, 1985, as that Act read immediately before its repeal.

  • Marginal note:Non-application of section 7

    (4) Section 7 does not apply in relation to the enlargement of Gwaii Haanas National Park Reserve of Canada in accordance with subsection (3).

Definition of expansion area

  •  (1) In this section, expansion area means the lands described in Parts II and III of the description of Nahanni National Park Reserve of Canada in Schedule 2.

  • Marginal note:Powers of Minister re expansion area

    (2) The Minister may enter into leases or licences of occupation of, and easements over, public lands situated in the expansion area for the purposes of

    • (a) a mining access road leading to the Prairie Creek Area, as that Area is described in Part II of the description of Nahanni National Park Reserve of Canada in Schedule 2, including the sites of storage and other facilities connected with that road; or

    • (b) a mining access road following the existing route from Tungsten to Howard’s Pass and any alteration to or deviation from that route, including the sites of storage and other facilities connected with that road.

  • Marginal note:Land use permits

    (3) The Minister may issue, amend, renew, suspend, cancel, and approve the assignment of, permits and authorizations for the use of lands in the expansion area for the purposes of the mining access roads referred to in subsection (2) and, in relation to such permits and authorizations, subsection 31(3) and sections 59, 62, 71 and 85 to 87 of the Mackenzie Valley Resource Management Act and the regulations made under that Act — other than any regulations respecting time limits and public hearings — apply, with any adaptations that may be necessary, as if the references in those provisions to the federal Minister or a board were references to the Minister responsible for the Parks Canada Agency and the references in those provisions to an inspector were references to the superintendent of the Park Reserve, a park warden or an enforcement officer designated for the purposes of this subsection.

  • Marginal note:Water licences

    (4) The Minister may issue, amend, renew, suspend or cancel — or approve the assignment of — licences for the use of waters in the expansion area for the purposes of the mining access roads referred to in subsection (2) and, in relation to those licences, subsections 31(3) and 72.03(1), (5) and (6), sections 72.04, 72.1, 72.11, 72.12 and 72.14, subsections 85(1) and (2) and sections 85.1 to 85.3, 86.1 to 87, 89 and 93.2 of the Mackenzie Valley Resource Management Act and the regulations made under that Act apply, with any adaptations that may be necessary, as if the references in those provisions to the federal Minister or a board were references to the Minister responsible for the Parks Canada Agency and the references in those provisions to an inspector were references to the superintendent of the Park Reserve, a park warden or an enforcement officer designated for the purposes of this subsection.

  • Marginal note:Outfitter licences

    (5) Outfitter licences issued under the Wildlife Act, R.S.N.W.T. 1988, c. W-4 that are in effect on the coming into force of this section in respect of public lands located in the expansion area, continue in effect according to their terms and may be renewed for periods ending not later than 10 years after the day on which this section comes into force, but no new outfitter licences may be issued in respect of those lands.

  • Definition of guide

    (6) In subsections (7) and (8), guide means a person who holds a guide licence issued in accordance with the Wildlife Act, R.S.N.W.T. 1988, c. W-4 and who is, or is employed by, the holder of an outfitter licence referred to in subsection (5).

  • Marginal note:Permitted hunting

    (7) A guide or a person accompanied by a guide may hunt, within the meaning of section 26, and may possess, within the meaning of section 26, or transport any wild animal or any part of one in the expansion area, in accordance with the Wildlife Act, R.S.N.W.T. 1988, c. W-4 and the applicable outfitter licence.

  • Marginal note:Regulations

    (8) The Governor in Council may make regulations respecting the activities of guides, persons accompanied by guides and holders of outfitter licences in the expansion area, including regulations

    • (a) respecting the hunting of wild animals, including with the use of firearms;

    • (b) authorizing the removal and disposal of any equipment or wild animals left by any person in contravention of the regulations or the Wildlife Act, R.S.N.W.T. 1988, c. W-4, and providing for the recovery of expenses incurred in their removal or disposal; and

    • (c) authorizing the superintendent

      • (i) to close areas to hunting for the purposes of management of the Park Reserve, public safety or the conservation of natural resources,

      • (ii) to establish limits on the wild animals that may be harvested in any period, or to vary any such limits established by the regulations or under the Wildlife Act, R.S.N.W.T. 1988, c. W-4, for purposes of conservation,

      • (iii) to prohibit or restrict the use of equipment in the expansion area for the purpose of protecting natural resources, and

      • (iv) to suspend or revoke an outfitter licence or a guide licence, to the extent that it applies in the expansion area, for failure to comply with this Act or the regulations, the Wildlife Act, R.S.N.W.T. 1988, c. W-4 or the regulations under that Act, or the terms and conditions of the licence.

  • Marginal note:Creation of park

    (9) For the purposes of subsections 5(1) and 6(2), leases, licences of occupation, easements, land use permits and authorizations and water licences relating to public lands in the expansion area are deemed not to encumber or affect title to those lands, but if those lands become part of a park they continue in effect according to their terms and conditions.

  • Marginal note:Creation of park

    (10) After any public lands within the expansion area become a park, this section continues to apply in respect of those lands with any adaptations that may be necessary.

  • 2009, c. 17, s. 7;
  • 2014, c. 2, s. 50, c. 35, s. 4.
 
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