Saguenay-St. Lawrence Marine Park Act (S.C. 1997, c. 37)

Short Title

Marginal note:Short title

1 This Act may be cited as the Saguenay-St. Lawrence Marine Park Act.

Interpretation

Marginal note:Definitions

2 The definitions in this section apply in this Act.

agreement

agreement means the agreement entered into on April 6, 1990 by the Government of Canada and the Government of Quebec for the purpose of establishing the Saguenay-St. Lawrence Marine Park. (Entente)

enforcement officer

enforcement officer means a person designated under section 13 or belonging to a class of persons so designated. (agent de l’autorité)

Minister

Minister means the Minister responsible for the Parks Canada Agency. (ministre)

park

park means the Saguenay-St. Lawrence Marine Park created by section 5. (parc)

park warden

park warden means a person appointed under the Parks Canada Agency Act whose duties include the enforcement of this Act or the Canada National Parks Act and who is designated by the Minister as a park warden. (garde de parc)

Quebec minister

Quebec minister means the minister of the Government of Quebec responsible for the law of the Province of Quebec entitled An Act respecting the Saguenay-St. Lawrence Marine Park, chapter 16 of the Statutes of Quebec, 1997. (ministre du Québec)

superintendent

superintendent means a person appointed under the Parks Canada Agency Act who holds the office of superintendent of the park, and includes any other person appointed under that Act who is authorized by that person to act on their behalf. (directeur)

Her Majesty

Marginal note:Binding on Her Majesty

3 This Act is binding on Her Majesty in right of Canada or a province.

Purpose

Marginal note:Purpose

4 The purpose of this Act is to increase, for the benefit of the present and future generations, the level of protection of the ecosystems of a representative portion of the Saguenay River and the St. Lawrence estuary for conservation purposes, while encouraging its use for educational, recreational and scientific purposes.

Establishment of the Park

Marginal note:Park established

• 5 (1) The Saguenay-St. Lawrence Marine Park, the boundaries of which are set out in the schedule, is hereby established.

• Marginal note:Park zones

  (2) The park is composed of four types of zones:

  • (a) comprehensive preservation zones (Type I zones);

  • (b) specific protection zones (Type II zones);

  • (c) general protection zones (Type III zones); and

  • (d) general use zones (Type IV zones).

Change of Park Boundaries

Marginal note:Change of park boundaries

• 6 (1) Subject to section 7, the Governor in Council may, by order, change the park boundaries set out in the schedule if

  • (a) agreement has been reached between the Governments of Canada and Quebec; and

  • (b) the Minister and the Quebec minister have jointly consulted with the public and the coordinating committee.

• Marginal note:Limitation

  (2) For greater certainty, any enlargement of the park may only extend over public lands of Quebec.

Marginal note:Notice of the proposed change to be tabled and referred to committee

• 7 (1) A notice of intention to make an order to change boundaries of the park shall be tabled in the House of Commons and stands referred to the committee of the House that normally considers matters relating to parks, or to any other committee designated by the House for the purposes of this section, if the intention is to reduce the area of the park, or of any zone of the park, other than a reduction of the area of a Type III or Type IV zone by one square kilometre or less.

• Marginal note:Consideration by committee

  (2) The committee shall report to the House of Commons whether it approves or disapproves the change and, on or after the next sitting day, a motion to concur in the report shall be put to the House in accordance with its procedures and disposed of without amendment or debate.

• Marginal note:Where proposed change rejected

  (3) The proposed change shall not be made if the House of Commons concurs in a report disapproving the proposed order or does not concur in a report approving the order.

Administration of Park

Marginal note:Administration

• 8 (1) The administration, management and control of the park are under the direction and authority of the Minister.

• Marginal note:Scientific research

  (2) The Minister may conduct activities for the purpose of advancing scientific knowledge of the park ecosystems.

• Marginal note:Agreement with Quebec

  (3) The Minister may enter into agreements with the Quebec minister or another minister of the Government of Canada for carrying out the purpose of this Act and for coordinating the activities permitted in the park.

Marginal note:Management plan

• 9 (1) The Minister shall, within one year after the coming into force of this Act, cause to be laid before each House of Parliament a management plan for the park that the Minister draws up jointly with the Quebec minister with respect to resource protection, zoning, visitor use and any other matters that the Minister considers appropriate.

• Marginal note:Review of plan

  (2) The Minister shall review the management plan with the Quebec minister at least once every seven years, and shall cause any amendments to the plan to be laid with the plan before each House of Parliament.

• Marginal note:Public participation

  (3) The Minister shall, in cooperation with the Quebec minister, provide opportunities for public participation in the development of the management plan and any other matters that the Minister considers relevant.

Marginal note:Permits

• 10 (1) The Minister may issue, amend, suspend and cancel permits and other authorizing instruments for the control of any activity in the park.

• Marginal note:Delegation

  (2) The Minister may authorize any person, or any member of a class of persons, to exercise any power mentioned in subsection (1).

Superintendent, Park Wardens and Enforcement Officers

Marginal note:Powers and duties of superintendent

11 The superintendent has and may exercise the powers and perform the duties of the Minister under this Act that the Minister delegates to the superintendent.

Marginal note:Powers of park wardens

12 For the purposes of the preservation and maintenance of the public peace in the park, and the enforcement of this Act and any other federal Act that they may be authorized to enforce, both inside and outside the park, a park warden has the powers, duties and protection provided by law to peace officers.

Marginal note:Designation of enforcement officers

13 The Minister may designate persons or classes of persons employed in the federal public administration or by a provincial, municipal or local authority or by 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, 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.

Marginal note:Contraventions Act

• 13.1 (1) The Minister may designate persons or classes of persons employed in the federal public administration or by a provincial, municipal or local authority or by an aboriginal government for the purpose of the enforcement of this Act or the regulations with respect to offences that have been designated as contraventions under the Contraventions Act.

• Marginal note:Limitations regarding designations

  (2) The Minister may specify that a designation is in respect of all or specified offences under this Act that have been designated as contraventions under the Contraventions Act.

Marginal note:Certificate of designation and oath

• 13.2 (1) Every park warden, enforcement officer and person designated under section 13.1 shall be provided with a certificate of designation in a form approved by the Minister and shall take and subscribe an oath prescribed by the Minister.

• Marginal note:Limitations must be specified

  (2) The certificate must specify the limitations, if any, to which the designation is subject.

Marginal note:Right of passage

14 In the discharge of their duties, park wardens and enforcement officers and any persons accompanying them may enter on and pass through or over private property without being liable for doing so and without any person having the right to object to that use of the property.

Marginal note:Immunity

14.1 Park wardens and enforcement officers are not personally liable for anything they do or omit to do in good faith under this Act.

Harmonization Committee

Marginal note:Establishment of committee

• 15 (1) A harmonization committee, made up of representatives of the Minister and the Quebec minister, is hereby established for the purposes of ensuring harmonization and implementing the activities and programs of the Government of Canada and the Government of Quebec with respect to the park, in particular with respect to the protection of ecosystems, planning, management, issuance of permits and other authorizations, consultation, the programming of activities, communications and the ways in which infrastructures, installations and equipment are to be shared.

• Marginal note:Regulations

  (2) The harmonization committee also is to harmonize draft regulations to be made under this Act and draft regulations that are to be made under the law of the Province of Quebec that creates the Saguenay-St. Lawrence Marine Park.

• Marginal note:Representatives of the Minister

  (3) The Minister shall name his or her representative or representatives on the harmonization committee.

Coordinating Committee

Marginal note:Coordinating committee

• 16 (1) A coordinating committee is hereby established to make recommendations to the Minister and the Quebec minister on the measures to be taken in order to carry out the objectives of the management plan.

• Marginal note:Composition

  (2) The Minister, in cooperation with the Quebec minister, shall decide on the composition of the coordinating committee.

• Marginal note:Representatives of the Minister

  (3) The Minister shall name his or her representative or representatives on the coordinating committee.

Regulations

Marginal note:Regulations

17 The Governor in Council may make regulations

• (a) for the protection, control and management of the park;

• (b) for the protection of ecosystems, and any elements of ecosystems, in the park;

• (c) for the protection of the cultural resources submerged in the park;

• (d) for public protection, health and safety inside the park;

• (e) setting out the characteristics of each type of zone in the park;

• (f) setting out the terms and conditions under which each type of zone may be used, the boundaries of each type of zone and any time limits respecting zones;

• (g) determining the conditions under which various activities may be undertaken in each type of zone in the park;

• (h) determining the activities that are prohibited in the park;

• (i) for the closing of park zones or for prohibiting activities in those zones;

• (j) authorizing the superintendent to prohibit or restrict activities that may be undertaken in park zones under paragraph (g) or to close park zones or prohibit access to those zones, despite any regulation made under this section, in order to protect park ecosystems and elements of park ecosystems;

• (k) for the issuance, renewal, revocation and suspension of permits and other authorizing instruments required to carry on any activity under this Act or the regulations, and any conditions of those permits and instruments;

• (l) for the determination of charges for the permits or other authorizing instruments required to carry on any activity under this Act or the regulations;

• (m) for limiting the number of persons who may hold the permits and authorizations at any one time;

• (m.1) designating provisions of the regulations for the purpose of subsection 20(1);

• (n) prescribing offences in respect of which section 23 applies and the manner in which they may be described in tickets;

• (o) prescribing the amount of the fine for offences in respect of which section 23 applies, which amount shall not exceed $2,000;

• (p) determining the conditions under which aircraft may take off, fly over and land within park boundaries; and

• (q) in respect of any other matters that are necessary for carrying out the purposes of this Act.

Arrest, Search and Seizure

Marginal note:Arrest without warrant

18 A park warden or enforcement officer may, in accordance with the Criminal Code, arrest without warrant any person

• (a) whom the warden or officer finds committing an offence under this Act; or

• (b) who the warden or officer believes, on reasonable grounds, has committed or is about to commit an offence under this Act.

Marginal note:Search and seizure

• 19 (1) A park warden or enforcement officer may

  • (a) enter and search any place and open and examine any package or receptacle in accordance with a warrant issued under subsection (2) at any time during the day or, if so specified in the warrant, during the night; and

  • (b) seize anything that they believe on reasonable grounds is or has been possessed or used in connection with an offence under this Act.

• Marginal note:Authority to issue warrant

  (2) Where on ex parte application a justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that there is in any place, including any building, boat or other conveyance, or in any package or receptacle, whether in or outside the park,

  • (a) an animal, bird or fish, or any part or egg of an animal, bird or fish, or a firearm, trap or other device for destroying or capturing animals, birds or fish, in respect of which there are reasonable grounds to believe an offence under this Act has been committed, or

  • (b) anything that there are reasonable grounds to believe will provide evidence with respect to an offence under this Act involving a thing referred to in paragraph (a),

  the justice of the peace may issue a warrant authorizing the park warden or enforcement officer named in the warrant to enter and search the place or to open and examine the package or receptacle, subject to any conditions specified in the warrant.

• Marginal note:When warrant not necessary

  (3) A park warden or enforcement officer may exercise any powers under subsection (1) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be practical to obtain one.