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

Act current to 2022-01-12 and last amended on 2021-04-01. Previous Versions

Human Resources (continued)

Marginal note:Political activities

  •  (1) For the purposes of Part 7 of the Public Service Employment Act, the Chief Executive Officer is deemed to be a deputy head, and an employee is deemed to be an employee, within the meaning of subsection 2(1) of that Act.

  • Marginal note:Services of the Public Service Commission

    (2) The Public Service Commission may, at the request of the Agency, provide any service to the Agency that it is authorized to provide to a department under the Public Service Employment Act or any other related service, and may recover from the Agency the costs incurred in providing the service, and the Commission is, for greater certainty, authorized to enter into arrangements with the Agency for those purposes.

  • 1998, c. 31, s. 14
  • 2003, c. 22, s. 241

Marginal note:Negotiation of collective agreements

 Notwithstanding section 112 of the Federal Public Sector Labour Relations Act, the Chief Executive Officer may, in accordance with the negotiating mandate approved by the President of the Treasury Board, enter into a collective agreement with the bargaining agent for a bargaining unit composed of employees that is applicable to employees in that bargaining unit.

  • 1998, c. 31, s. 15
  • 2003, c. 22, s. 181
  • 2017, c. 9, s. 55

General

Marginal note:Charter for the Agency

  •  (1) The Chief Executive Officer is responsible for establishing a charter for the Agency that sets out the values and principles governing

    • (a) the provision of services by the Agency to the public; and

    • (b) the management of the human resources of the Agency.

  • Marginal note:Available to the public

    (2) The charter established under subsection (1) shall be made available to the public.

Marginal note:Principal office

 The principal office of the Agency shall be in the National Capital Region described in the schedule to the National Capital Act.

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 purposes of making operating and capital expenditures of the Agency and providing financial assistance in the form of grants and contributions.

  • (2) [Repealed, 2019, c. 29, s. 334]

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.

Marginal note:Regulations

 The Treasury Board may make regulations for the purposes of sections 23 and 24.

Marginal note:Collection of fees

 The Agency may enter into an agreement with any person respecting the collection of fees fixed under this Act or any other Act under which the Agency provides services, facilities, products, rights or privileges and, notwithstanding subsections 17(1) and (4) of the Financial Administration Act, authorizing that person to withhold amounts from those fees.

Marginal note:Remission of fees

 The Minister may remit or refund all or part of a fee fixed under section 23 or 24 or under any other Act under which the Agency provides services, facilities, products, rights or privileges, and the interest on it.

Marginal note:Recovery of fees and costs

 The Agency may recover, as a debt due to Her Majesty, any fee or charge fixed under this or any other Act, any costs incurred by the Agency, and any interest on those fees, charges or costs, that relate to providing a service, facility, product, right or privilege by the Agency under this or any other Act.

Marginal note:Delegation

 The Minister may delegate to the Agency any power, duty or function conferred on the Minister under sections 23 to 25 and 28.

Reports and Plans

Marginal note:Report — heritage areas and programs

 At least every five years, the Chief Executive Officer shall provide the Minister with a report, to be tabled in each House of Parliament, on the state of national parks, national historic sites, national marine conservation areas and other protected heritage areas and heritage protection programs, and on the Agency’s performance in carrying out its responsibilities under section 6.

  • 1998, c. 31, s. 31
  • 2002, c. 18, s. 39
  • 2012, c. 19, s. 318

Marginal note:Management plans

  •  (1) In addition to the duties in relation to management plans under the Canada National Parks Act and the Canada National Marine Conservation Areas Act, the Chief Executive Officer shall, within five years after the establishment of a national historic site or other protected heritage area, other than the Rouge National Urban Park, or within five years after the coming into force of this section, whichever is later, provide the Minister with a management plan for that national historic site or other protected heritage area in respect of any matter that the Minister deems appropriate, including, but not limited to, commemorative and ecological integrity, resource protection or visitor use, and that plan shall be tabled in each House of Parliament.

  • Marginal note:Review of management plans by Minister

    (2) The Minister shall review the management plan for each national historic site or other protected heritage area at least every 10 years and shall cause any amendments to the plan to be tabled in each House of Parliament.

  • 1998, c. 31, s. 32
  • 2000, c. 32, s. 59
  • 2002, c. 18, s. 40
  • 2012, c. 19, s. 319
  • 2015, c. 10, s. 58

 [Repealed, 2012, c. 19, s. 320]

 [Repealed, 2012, c. 19, s. 320]

Marginal note:Report on human resources regime

  •  (1) The Chief Executive Officer must, at least every five years, have prepared by a person or body, other than the Agency or any of its officers or employees, a report on the consistency of its human resources regime with the values and principles that are to govern the management of its human resources.

  • Marginal note:Available to the public

    (2) The report prepared under subsection (1) shall be made available to the public.

 [Repealed, 2012, c. 19, s. 321]

Application of the Official Languages Act

Marginal note:Official Languages Act applies

 For greater certainty, the Official Languages Act applies to the Agency and the Agency has the duty, under section 25 of that Act, to ensure that, where services are provided or made available by another person or organization on its behalf, any member of the public in Canada or elsewhere can communicate with and obtain those services from that person or organization in either official language, in any case where those services, if provided by the Agency, would be required under Part IV of the Official Languages Act to be provided in either official language.

 
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