Canada National Marine Conservation Areas Act (S.C. 2002, c. 18)
Full Document:
Assented to 2002-06-13
Marginal note:Limitation or prescription
28. (1) Proceedings by way of summary conviction may be commenced not later than two years after the day on which the subject-matter of the proceedings becomes known to the Minister.
Marginal note:Minister’s certificate
(2) A document purporting to have been issued by the Minister, certifying the day on which the subject-matter of any proceedings became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence of the matters asserted in it.
MITIGATION OF ENVIRONMENTAL DAMAGE
Marginal note:Pollution clean-up
29. (1) Where a substance that is capable of degrading the environment or injuring any animal, fish or plant is discharged or deposited within a marine conservation area, any person who has charge, management or control of the substance or who causes or contributes to the discharge or deposit shall take reasonable measures to prevent or mitigate such degradation or injury.
Marginal note:Powers of Minister
(2) If the Minister is of the opinion that a person is not taking measures required by subsection (1), the Minister shall 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 the Minister 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:Exception
(4) No measures may be directed to be taken under subsection (2) to prevent or mitigate any degradation or injury if action may be taken under the Canada Shipping Act, the Arctic Waters Pollution Prevention Act or the Canadian Environmental Protection Act, 1999, to prevent or mitigate the same degradation or injury.
CONSEQUENTIAL AMENDMENTS
2000, c. 32Canada National Parks Act
30. The definitions “park” and “park reserve” in subsection 2(1) of the Canada National Parks Act are replaced by the following:
“park”
« parc »
“park” means a national park of Canada named and described in Schedule 1.
“park reserve”
« réserve »
“park reserve” means a national park reserve of Canada named and described in Schedule 2.
31. Subsection 4(2) of the Act is replaced by the following:
Marginal note:Purpose of reserves
(2) Park reserves are established in accordance with this Act for the purpose referred to in subsection (1) where an area or a portion of an area proposed for a park is subject to a claim in respect of aboriginal rights that has been accepted for negotiation by the Government of Canada.
31.1 Subsection 5(2) of the Act is replaced by the following:
Marginal note:Judicial finding as to title
(2) If a court of competent jurisdiction finds that Her Majesty in right of Canada does not have clear title to or an unencumbered right of ownership in lands within a park, the Governor in Council may, by order, amend Schedule 1 by removing the name and description of the park or by altering that description.
Marginal note:No reduction of park area
(3) Except as provided by subsection (2), no amendment may be made by the Governor in Council to Schedule 1 for the purpose of removing any portion of a park.
31.2 (1) The portion of subsection 6(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Reserve lands becoming park
(2) Where a claim referred to in subsection 4(2) is settled, the Governor in Council may, by order,
(2) Subsection 6(3) of the Act is replaced by the following:
Marginal note:Judicial finding as to title
(3) If a court of competent jurisdiction finds that Her Majesty in right of Canada does not have clear title to or an unencumbered right of ownership in lands within a park reserve, the Governor in Council may, by order, amend Schedule 2 by removing the name and description of the reserve or by altering that description.
Marginal note:No reduction of reserve area
(4) Except as provided by subsections (2) and (3), no amendment may be made by the Governor in Council to Schedule 2 for the purpose of removing any portion of a park reserve.
31.3 Section 19 of the Act is replaced by the following:
Marginal note:Designation of enforcement officers
19. The Minister may designate persons or classes of persons employed in the public service of Canada 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.
31.4 Subsection 23(2) of the Act is replaced by the following:
Marginal note:Forfeiture where ownership not ascertainable
(2) If the lawful ownership of or entitlement to a seized thing cannot be ascertained within 30 days after its seizure, the thing or any proceeds of its disposition are forfeited to Her Majesty in right of Canada, if the thing was seized by a park warden or by an enforcement officer employed in the public service of Canada, or to Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by a provincial, municipal or local authority or an aboriginal government.
1995, c. 11Department of Canadian Heritage Act
32. The French version of paragraph 4(2)(e) of the Department of Canadian Heritage Act is replaced by the following:
e) les parcs nationaux, les lieux et monuments historiques nationaux, les canaux historiques, les champs de bataille nationaux, les aires marines nationales de conservation, les gares ferroviaires et les édifices fédéraux patrimoniaux;
1998, c. 31Parks Canada Agency Act
33. (1) Paragraph (a) of the preamble to the Parks Canada Agency Act is replaced by the following:
(a) to protect the nationally significant examples of Canada’s natural and cultural heritage in national parks, national historic sites, national marine conservation areas and related heritage areas in view of their special role in the lives of Canadians and the fabric of the nation,
(2) Paragraph (d) of the preamble to the Act is replaced by the following:
(d) to include representative examples of Canada’s land and marine natural regions in the systems of national parks and national marine conservation areas,
(3) Paragraph (h) of the preamble to the Act is replaced by the following:
(h) to ensure the ecologically sustainable use of national marine conservation areas,
34. (1) Paragraph (a) of the definition “other protected heritage areas” in subsection 2(1) of the Act is replaced by the following:
(a) historic canals that are within the jurisdiction of the Minister under the Department of Canadian Heritage Act;
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“national marine conservation area”
« aire marine nationale de conservation »
“national marine conservation area” means a marine conservation area or reserve as defined in subsection 2(1) of the Canada National Marine Conservation Areas Act.
35. Subsection 5(1) of the Act is replaced by the following:
Marginal note:Exercise of powers conferred on Minister
5. (1) Subject to any direction given by the Minister, the Agency may exercise the powers and shall perform the duties and functions that relate to national parks, national historic sites, national marine conservation areas, other protected heritage areas and heritage protection programs that are conferred on, or delegated, assigned or transferred to, the Minister under any Act or regulation.
36. Subsections 6(1) to (3) of the Act are replaced by the following:
Marginal note:Responsibilities — subject-matter
6. (1) The Agency is responsible for the implementation of policies of the Government of Canada that relate to national parks, national historic sites, national marine conservation areas, other protected heritage areas and heritage protection programs.
Marginal note:System plans
(2) The Agency shall ensure that there are long-term plans in place for establishing systems of national parks, national historic sites and national marine conservation areas.
Marginal note:New protected heritage areas
(3) The Agency is responsible for negotiating, and recommending to the Minister, the establishment of new national parks, national marine conservation areas and other protected heritage areas and the acquisition of national historic sites.
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