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

Act current to 2018-09-26 and last amended on 2017-12-12. Previous Versions

Canada National Parks Act

S.C. 2000, c. 32

Assented to 2000-10-20

An Act respecting the national parks of Canada

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Canada National Parks Act.

Interpretation

Marginal note:Definitions

  •  (1) The definitions in this subsection apply in this Act.

    community plan

    plan communautaire

    community plan means a land use plan for a park community. (plan communautaire)

    ecological integrity

    intégrité écologique

    ecological integrity means, with respect to a park, a condition that is determined to be characteristic of its natural region and likely to persist, including abiotic components and the composition and abundance of native species and biological communities, rates of change and supporting processes. (intégrité écologique)

    enforcement officer

    agent de l’autorité

    enforcement officer means a person designated under section 19 or belonging to a class of persons so designated. (agent de l’autorité)

    Minister

    ministre

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

    park

    parc

    park means a national park of Canada named and described in Schedule 1. (parc)

    park community

    collectivité

    park community means any of the following communities:

    • (a) the visitor centre of Field in Yoho National Park of Canada;

    • (b) the town of Banff in Banff National Park of Canada;

    • (c) the visitor centre of Lake Louise in Banff National Park of Canada;

    • (d) the visitor centre of Waterton Lakes Park in Waterton Lakes National Park of Canada;

    • (e) the town of Jasper in Jasper National Park of Canada;

    • (f) the visitor centre of Waskesiu in Prince Albert National Park of Canada; or

    • (g) the visitor centre of Wasagaming in Riding Mountain National Park of Canada. (collectivité)

    park reserve

    réserve

    park reserve means a national park reserve of Canada named and described in Schedule 2. (réserve)

    park warden

    garde de parc

    park warden means a person designated under section 18. (garde de parc)

    public lands

    terres domaniales

    public lands means lands, including submerged lands, that belong to Her Majesty in right of Canada or that the Government of Canada has the power to dispose of, whether or not such disposal is subject to the terms of any agreement between the Government of Canada and the government of a province. (terres domaniales)

    superintendent

    directeur

    superintendent means an officer appointed under the Parks Canada Agency Act who holds the office of superintendent of a park or of a national historic site of Canada to which this Act applies, and includes any person appointed under that Act who is authorized by such an officer to act on the officer’s behalf. (directeur)

  • Marginal note:Aboriginal rights

    (2) For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

  • 2000, c. 32, s. 2;
  • 2002, c. 18, s. 30;
  • 2005, c. 2, s. 7;
  • 2015, c. 3, s. 18(F).

Her Majesty

Marginal note:Binding on Her Majesty

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

National Parks of Canada

Marginal note:Parks dedicated to public

  •  (1) The national parks of Canada are hereby dedicated to the people of Canada for their benefit, education and enjoyment, subject to this Act and the regulations, and the parks shall be maintained and made use of so as to leave them unimpaired for the enjoyment of future generations.

  • Marginal note:For greater certainty

    (1.1) For greater certainty, nothing in this Act limits the authority of the Minister to fix fees under section 23 or 24 of the Parks Canada Agency Act.

  • 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.

  • 2000, c. 32, s. 4;
  • 2002, c. 18, s. 31;
  • 2013, c. 28, s. 13.

Marginal note:National parks of Canada

  •  (1) Subject to section 7, the Governor in Council may, by order, for the purpose of establishing or enlarging a park, amend Schedule 1 by adding the name and a description of the park, or by altering the description of the park, if the Governor in Council is satisfied that

    • (a) Her Majesty in right of Canada has clear title to or an unencumbered right of ownership in the lands to be included in the park; and

    • (b) the government of the province in which those lands are situated has agreed to their use for that purpose.

  • 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.

  • 2000, c. 32, s. 5;
  • 2002, c. 18, s. 31.1.

Marginal note:Reserves for parks

  •  (1) Subject to section 7, the Governor in Council may, by order, for the purpose of establishing or enlarging a park reserve, amend Schedule 2 by adding the name and a description of the reserve, or by altering the description of the reserve, if the Governor in Council is satisfied that the government of the province in which the lands to be included in the reserve are situated has agreed to their use for that purpose.

  • 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,

    • (a) amend Schedule 2 by removing the name and description of the park reserve or by altering that description; and

    • (b) if the settlement provides that the park reserve or part of it is to become a park or part of one, amend Schedule 1 by adding the name and a description of the park or by altering the description of the park, if the Governor in Council is satisfied that Her Majesty in right of Canada has clear title to or an unencumbered right of ownership in the lands to be included in the park.

  • 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.

  • 2000, c. 32, s. 6;
  • 2002, c. 18, s. 31.2.

Marginal note:Amendment to be tabled and referred

  •  (1) Before an amendment is made to Schedule 1 or 2 for a purpose referred to in subsection 5(1) or 6(1), respectively, the proposed amendment shall be tabled in each House of Parliament, together with a report on the proposed park or park reserve that includes information on consultations undertaken and any agreements reached with respect to its establishment, and an amendment so tabled stands referred to the standing committee of each House that normally considers matters relating to parks or to any other committee that that House may designate for the purposes of this section.

  • Marginal note:Disapproval by committee

    (2) The committee of each House may, within 30 sitting days after the amendment is tabled, report to the House that it disapproves the amendment, in which case a motion to concur in the report shall be put to the House in accordance with its procedures.

  • Marginal note:Amendment allowed

    (3) A proposed amendment to Schedule 1 or 2 may be made if 31 sitting days have elapsed after the tabling of the amendment in both Houses and no motion referred to in subsection (2) has been proposed in either House.

  • Marginal note:Amendment not allowed

    (4) A proposed amendment to Schedule 1 or 2 may not be made if either House passes a motion referred to in subsection (2).

 
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