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 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.