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

Definition of expansion area

• 41.1 (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.

• (5) [Repealed, 2009, c. 17, s. 7]

• (6) [Repealed, 2009, c. 17, s. 7]

• (7) [Repealed, 2009, c. 17, s. 7]

• (8) [Repealed, 2009, c. 17, s. 7]

• 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.

Marginal note:Continuation — leases, easements and licences of occupation

• 41.2 (1) Existing leases, easements and licences of occupation in or on Sable Island National Park Reserve of Canada are continued under this Act in accordance with their terms and conditions, which prevail over this Act to the extent of any inconsistency between them.

• Marginal note:Renewals — leases and licences of occupation

  (2) Those leases and licences of occupation may be renewed in accordance with their terms and conditions. If a lease or licence of occupation does not provide for its renewal, then it may be renewed in accordance with this Act.

Marginal note:Canada-Nova Scotia Offshore Petroleum Board

41.3 Nothing in this Act prevents any activity in Sable Island National Park Reserve of Canada that is authorized by the Canada-Nova Scotia Offshore Petroleum Board under the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, and no authority under this Act is necessary in order to carry on any activity there that is authorized by that Board under that Act.

Marginal note:Powers of Minister — Nááts’ihch’oh National Park Reserve of Canada

• 41.4 (1) The Minister may enter into leases or licences of occupation of, and easements over, public lands in Nááts’ihch’oh National Park Reserve of Canada for the purposes of

  • (a) 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; or

  • (b) a mining access road from the road referred to in paragraph (a) to the mineral claims in the area of Lened Creek that are in existence on the day on which this section comes into force.

• Marginal note:Land use permits

  (2) The Minister may issue, amend, renew, suspend or cancel — or approve the assignment of — permits and authorizations for the use of public lands in Nááts’ihch’oh National Park Reserve of Canada for the purposes of the mining access roads referred to in subsection (1) and, in relation to those 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 Nááts’ihch’oh National Park Reserve of Canada, a park warden or an enforcement officer designated for the purposes of this subsection.

• Marginal note:Water licences

  (3) The Minister may issue, amend, renew, suspend or cancel — or approve the assignment of — licences for the use of waters in Nááts’ihch’oh National Park Reserve of Canada for the purposes of the mining access roads referred to in subsection (1) 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 Nááts’ihch’oh National Park Reserve of Canada, a park warden or an enforcement officer designated for the purposes of this subsection.

• Marginal note:Existing permits, authorizations and licences

  (4) Permits and authorizations for the use of land and licences for the use of waters, issued under the Mackenzie Valley Resource Management Act, and licences for the use of waters issued under the Northwest Territories Waters Act, that are in effect on the coming into force of this section in respect of public lands in Nááts’ihch’oh National Park Reserve of Canada continue in effect according to their terms and conditions.

• Marginal note:Deemed issuance

  (5) For the purposes of this Act, the permits and authorizations for the use of land referred to in subsection (4) are deemed to have been issued under subsection (2) and the licences for the use of waters referred to in subsection (4) are deemed to have been issued under subsection (3).

• Marginal note:Continuation — leases, easements and licences of occupation

  (6) Existing leases, easements and licences of occupation relating to public lands in Nááts’ihch’oh National Park Reserve of Canada are continued under this Act in accordance with their terms and conditions, which prevail over this Act to the extent of any inconsistency between them.

• Marginal note:Renewals — leases and licences of occupation

  (7) Those leases and licences of occupation may be renewed in accordance with their terms and conditions. If a lease or licence of occupation does not provide for its renewal, then it may be renewed in accordance with this Act.

• Marginal note:Creation of park

  (8) For the purposes of subsections 5(1) and 6(2), leases, easements, licences of occupation, land use permits and authorizations and water licences relating to public lands in Nááts’ihch’oh National Park Reserve of Canada are deemed not to encumber or affect title to those lands, but if those lands become a park they continue in effect according to their terms and conditions.

• Marginal note:Application to park

  (9) After any public lands in Nááts’ihch’oh National Park Reserve of Canada become a park, this section continues to apply in respect of those lands with any adaptations that may be necessary.

Marginal note:Thaidene Nene National Park Reserve of Canada

• 41.5 (1) Subject to subsections (3) to (5) and to any regulations made under paragraph 17(1)(f) in relation to Thaidene Nene National Park Reserve of Canada, a person may, in public lands in the park reserve, carry on activities described in the agreement between the Government of Canada and the Government of the Northwest Territories in relation to the transfer of administration and control of the lands for the establishment of the park reserve.

• Marginal note:Non-application of regulations

  (2) The following provisions do not apply in respect of the activities referred to in subsection (1):

  • (a) section 21 of the National Parks General Regulations;

  • (b) paragraph 41(1)(a) of the National Parks Highway Traffic Regulations; and

  • (c) section 4 of the National Parks of Canada Fire Protection Regulations.

• Marginal note:Aircraft access

  (3) No person shall conduct a take-off or landing of an aircraft, as defined in subsection 3(1) of the Aeronautics Act, in public lands in Thaidene Nene National Park Reserve of Canada, unless that person holds a permit, as defined in section 1 of the National Parks of Canada Aircraft Access Regulations, that is issued in respect of the park reserve.

• Marginal note:Fishing

  (4) No person shall fish in public lands in Thaidene Nene National Park Reserve of Canada unless the fishing is for personal use and that person holds a fishing permit, as defined in section 2 of the National Parks of Canada Fishing Regulations, that is issued in respect of the park reserve.

• Marginal note:Harvesting game

  (5) No person shall harvest game — including by hunting, within the meaning of section 26, any wild animal — in public lands in Thaidene Nene National Park Reserve of Canada unless

  • (a) the person holds a special harvester licence issued under the Wildlife Act, S.N.W.T. 2013, c. 30 and complies with the terms and conditions of that licence, or

  • (b) the person held a lease referred to in subsection (7) immediately before the day on which this section comes into force and continues to hold that lease and holds a hunting licence issued under the Wildlife Act, S.N.W.T. 2013, c. 30 and complies with the terms and conditions of that licence.

• Marginal note:Superintendent’s powers, duties and functions

  (6) The Superintendent shall, in respect of the activities referred to in subsections (1) and (3) to (5), have regard to considerations of public health and safety and the sustainable use and conservation of Thaidene Nene National Park Reserve of Canada in the exercise of his or her powers and the performance of his or her duties and functions under the regulations made under this Act.

• Marginal note:Continuation — leases

  (7) Existing leases relating to public lands in Thaidene Nene National Park Reserve of Canada are continued under this Act in accordance with their terms and conditions, which prevail over this Act to the extent of any inconsistency between them.

• Marginal note:Renewals — leases

  (8) Those leases may be renewed in accordance with their terms and conditions. If a lease does not provide for its renewal, then it may be renewed in accordance with this Act.

• Marginal note:Creation of park

  (9) For the purposes of subsections 5(1) and 6(2), leases relating to public lands in Thaidene Nene National Park Reserve of Canada are deemed not to encumber or affect title to those lands, but if those lands become a park they continue in effect according to their terms and conditions.

• Marginal note:Fuel caches

  (10) A person may store fuel at a location in public lands in Thaidene Nene National Park Reserve of Canada that is designated by the Minister as a fuel cache.

• Marginal note:Application to park

  (11) After any public lands in Thaidene Nene National Park Reserve of Canada become a park, this section continues to apply in respect of those lands with any adaptations that may be necessary.

• Marginal note:Accessibility of agreement

  (12) The Minister shall ensure that the agreement referred to in subsection (1) is accessible to the public.

National Historic Sites of Canada

Marginal note:Lands set apart

• 42 (1) The Governor in Council may set apart any land, the title to which is vested in Her Majesty in right of Canada, as a national historic site of Canada to which this Act applies in order to

  • (a) commemorate a historic event of national importance; or

  • (b) preserve a historic landmark, or any object of historic, prehistoric or scientific interest, that is of national importance.

• Marginal note:Changes to boundaries

  (2) The Governor in Council may make any changes that the Governor in Council considers appropriate in areas set apart under subsection (1).

• Marginal note:Application of this Act

  (3) The Governor in Council may, by order, extend the application of subsection 8(1), section 11, except as it relates to zoning, and sections 12 and 16 to 32 to national historic sites of Canada.

Repeals

43 to 46 [Repeals]

Consequential Amendments

47 to 56 [Amendments]

57 [Repealed, 2001, c. 34, s. 24. Repeal is deemed to have come into force on February 18, 2001.]

58 to 67 [Amendments]

Conditional Amendments

68 to 70.1 [Amendments]

Coming into Force

Marginal note:Coming into force

• Footnote ^*71 (1) Subject to subsections (2) to (4), this Act, other than sections 68 to 70.1, comes into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Coming into force

  (2) Paragraph 17(1)(b) and the description of Wapusk National Park of Canada in Part 4 of Schedule 1 come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Coming into force

  (3) Paragraph 17(1)(c) and the description of Gros Morne National Park of Canada in Part 10 of Schedule 1 come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Coming into force

  (4) The description of Aulavik National Park of Canada in Part 12 of Schedule 1 comes into force on a day to be fixed by order of the Governor in Council.

  • Return to footnote ^*[Note: Sections 68 to 70.1 in force on assent October 20, 2000; sections 1 to 16, section 17, other than paragraphs (1)(b) and (c), sections 18 to 67, Schedule 1, including the description of Aulavik National Park of Canada in Part 12, but excluding the descriptions of Wapusk National Park of Canada in Part 4 and Gros Morne National Park of Canada in Part 10 of Schedule 1, and Schedules 2 to 5 in force February 19, 2001, see SI/2001-29; paragraph 17(1)(c) and the description of Gros Morne National Park of Canada in Part 10 of Schedule 1 in force October 1, 2005, see SI/2005-63; paragraph 17(1)(b) and the description of Wapusk National Park of Canada in Part 4 of Schedule 1 in force March 26, 2010, see SI/2010-30.]