Canada National Parks Act

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, cancel, and 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 such licences, subsections 14(1), (4), (5) and (7) and sections 15, 16 to 19, 32 and 36, subsections 37(1), (3) and (4) and sections 38, 39, 43 and 44 of the Northwest Territories Waters 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 Minister or the 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.