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Parks Canada Agency Act (S.C. 1998, c. 31)

Act current to 2019-06-20 and last amended on 2019-06-17. Previous Versions

General (continued)

Marginal note:Legal proceedings

  •  (1) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Agency, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Agency in the name of the Agency in any court that would have jurisdiction if the Agency were not an agent of Her Majesty.

  • Marginal note:Property

    (2) Property acquired by the Agency is the property of Her Majesty in right of Canada and title to it may be held in the name of Her Majesty or in the name of the Agency.

Financial Provisions

Marginal note:Appropriations

  •  (1) Money may be appropriated by Parliament from time to time by way of a vote in an appropriation Act or any other Act of Parliament, for the period that may be specified in the Act, for the purposes of making operating and capital expenditures of the Agency and providing financial assistance in the form of grants and contributions.

  • Marginal note:Multi-year lapsing

    (2) The unexpended balance of money referred to in subsection (1) appropriated by any Act of Parliament for the purpose of making operational expenditures of the Agency lapses at the end of the fiscal year following the year in which the money was originally appropriated or at the end of any longer period that may be specified in the Act.

Marginal note:Interpretation

  •  (1) For the purposes of paragraphs (2)(b) and 21(2)(a), terms and expressions used in those paragraphs have the same meaning as in the Federal Real Property and Federal Immovables Act.

  • Marginal note:Operational revenues

    (2) Notwithstanding subsection 29.1(1) of the Financial Administration Act, the Agency may, for the purposes referred to in subsection 19(1), spend amounts equal to revenues resulting from the conduct of its operations in that or subsequent fiscal years, including

    • (a) proceeds from the sale, exchange, loan or other disposition or the licensing of any personal property or moveables acquired, held or administered by the Agency;

    • (b) proceeds from any of the following transactions in respect of federal real property and federal immovables under the administration of the Minister for the purposes of the Agency:

      • (i) the lease or giving of a licence,

      • (ii) the transfer to Her Majesty in any right other than Canada of administration and control, otherwise than in perpetuity, and

      • (iii) a disposition of any right or interest, other than a disposition referred to in paragraph 21(2)(a);

    • (c) proceeds from, including fees paid under any Act of Parliament in respect of, the provision by the Agency of a service, of the use of a facility or of a product, right or privilege;

    • (d) proceeds from any money recovered under section 29; and

    • (e) any refund of expenditures made in previous fiscal years.

  • 1998, c. 31, s. 20
  • 2001, c. 4, s. 166

Marginal note:Establishment of New Parks and Historic Sites Account

  •  (1) There is hereby established an account in the accounts of Canada to be called the New Parks and Historic Sites Account.

  • Marginal note:Amounts credited to Account

    (2) There shall be credited to the New Parks and Historic Sites Account money appropriated by Parliament from time to time by way of an appropriation Act or any other Act of Parliament for the purposes specified in subsection (3), and any revenues of the Agency resulting, including proceeds, from

    • (a) any of the following transactions in respect of federal real property and federal immovables under the administration of the Minister for the purposes of the Agency:

      • (i) the sale or any other disposition in perpetuity of any right or interest,

      • (ii) the transfer of administration to another minister or to an agent corporation, and

      • (iii) the transfer of administration and control in perpetuity to Her Majesty other than in right of Canada; and

    • (b) a gift, bequest or other form of donation made for the purposes of the Agency or for any purpose specified in subsection (3).

  • Marginal note:Payments out of New Parks and Historic Sites Account

    (3) Despite any other Act of Parliament, amounts may be paid out of the New Parks and Historic Sites Account for the following purposes:

    • (a) to acquire any historic place, or lands for historic museums, or any interest therein, for the purpose of paragraph 3(d) of the Historic Sites and Monuments Act;

    • (b) to acquire any real property or immovables for the purpose of establishing, enlarging or designating, as the case may be, any national park, national historic site, national marine conservation area or other protected heritage area;

    • (c) to develop or maintain any national park, national historic site, national marine conservation area or other protected heritage area that is being established, enlarged or designated, and to make any related contribution or other payment;

    • (d) to implement a decision by the Minister to recommend the establishment of a national park, national historic site, national marine conservation area or other protected heritage area, or to commemorate a historic place under section 3 of the Historic Sites and Monuments Act, and to make any related contribution or other payment; and

    • (e) to repay advances made under subsection 22(2).

  • (4) and (5) [Repealed, 2017, c. 10, s. 4]

  • 1998, c. 31, s. 21
  • 2001, c. 4, s. 167
  • 2002, c. 18, s. 38
  • 2012, c. 19, s. 317
  • 2017, c. 10, s. 4

Marginal note:Statutory appropriation

  •  (1) There is hereby appropriated from the Consolidated Revenue Fund the amount of ten million dollars for the purpose of providing advances, from time to time, to the New Parks and Historic Sites Account.

  • Marginal note:Advances to the Account

    (2) The Minister of Finance may, on the request of the Minister, authorize the making of advances to the New Parks and Historic Sites Account from the money appropriated under subsection (1) in accordance with any terms and conditions that have been approved by the Treasury Board.

  • Marginal note:Credits to the Account

    (3) An advance made as authorized under subsection (2) must be credited to the New Parks and Historic Sites Account.

  • Marginal note:Repayment of advances

    (4) The repayment of the principal amount of any advance made as authorized under subsection (2) shall, in accordance with any direction made by the Treasury Board, be charged to the New Parks and Historic Sites Account and credited to the balance outstanding of money appropriated under subsection (1), and the payment of any amount on account of interest payable on the advance may be made from money appropriated under an Act of Parliament as authorized under subsection 19(1).

  • Marginal note:Amount may be changed

    (5) The amount of advances authorized under subsection (1) may be amended, from time to time, by an item in an appropriation Act.

Fees

Marginal note:Fees for services and use of facilities

  •  (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees or the manner of calculating the fees to be paid for a service or the use of a facility provided by the Agency.

  • Marginal note:Amount not to exceed cost

    (2) Fees for a service or the use of a facility that are fixed under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.

Marginal note:Fees for products, rights and privileges

 The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees or the manner of calculating fees in respect of products, rights or privileges provided by the Agency.

Marginal note:Consultation

  •  (1) Before fixing a fee under section 23 or 24, the Minister must consult with any persons and organizations that the Minister considers to be interested in the matter.

  • Marginal note:Publication

    (2) The Minister must publish any fee fixed under section 23 or 24 in the Canada Gazette within thirty days after fixing it.

  • Marginal note:Reference to Scrutiny Committee

    (3) A fee fixed under section 23 or 24 stands permanently referred to the Committee referred to in section 19 of the Statutory Instruments Act to be reviewed and scrutinized as if it were a statutory instrument.

 
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