Rouge National Urban Park Act (S.C. 2015, c. 10)
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Assented to 2015-04-23
Rouge National Urban Park Act
S.C. 2015, c. 10
Assented to 2015-04-23
An Act respecting the Rouge National Urban Park
SUMMARY
This enactment establishes the Rouge National Urban Park, a new type of federal protected area, and provides for the protection and presentation of its natural and cultural resources and the encouragement of sustainable farming practices within the Park. The enactment confers a broad range of regulatory powers for the management and administration of the Park. It also makes consequential amendments to the Canada Lands Surveys Act, the Parks Canada Agency Act, the Species at Risk Act and the Environmental Violations Administrative Monetary Penalties Act.
Preamble
Whereas the Rouge Valley contains some of the last remnants of the Carolinian forest in Canada, significant geological features and a combination of diverse habitats linking Lake Ontario to the Oak Ridges Moraine;
Whereas the foresight, dedication and engagement of community visionaries and various levels of government have laid the foundation for the creation of a park in the Rouge Valley, an area that is rich in natural and cultural resources and is readily accessible to the population of Canada’s largest metropolitan area;
Whereas there is a unique opportunity to connect Canadians with the natural and cultural heritage of the Rouge Valley and with the history of its early Aboriginal inhabitants and others who shaped its landscapes;
And whereas Parliament wishes
to protect natural ecosystems and maintain native wildlife in the Rouge Valley,
to provide meaningful opportunities for Canadians to experience and enjoy the diverse landscapes of the Rouge Valley,
to engage local communities and businesses, Aboriginal organizations and youth, as well as other Canadians, to become stewards and ambassadors of the park,
to provide a wide range of recreational, interpretive, volunteer and learning activities to attract a diverse urban population to the park,
to enable youth and other visitors to connect with nature in an urban setting,
to protect the cultural landscapes of the park and identify its heritage values to facilitate an understanding and appreciation of the history of the region,
to encourage sustainable farming practices to support the preservation of agricultural lands in the park and celebrate the agricultural heritage of the region, and
to promote the park as a place of discovery, enjoyment and learning, and as a gateway to all of Canada’s national protected heritage areas;
Now, therefore, 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
1. This Act may be cited as the Rouge National Urban Park Act.
INTERPRETATION
Marginal note:Definitions
2. The following definitions apply in this Act.
“enforcement officer”
« agent de l’autorité »
“enforcement officer” means any person designated under section 24 or belonging to a class of persons so designated.
“Minister”
« ministre »
“Minister” means the Minister responsible for the Parks Canada Agency.
“national historic site”
« lieu historique national »
“national historic site” means a site, building or other place of national historic interest or significance that is commemorated under section 3 of the Historic Sites and Monuments Act.
“Park”
« parc »
“Park” means the Rouge National Urban Park, established by section 4.
“park warden”
« garde de parc »
“park warden” means a person designated under section 23.
“public lands”
« terres domaniales »
“public lands” means lands, including submerged lands, belonging to Her Majesty in right of Canada or of which the Government of Canada has the power to dispose, regardless of whether that disposal is subject to any agreement between the Government of Canada and the Government of Ontario.
“superintendent”
« directeur »
“superintendent” means a person appointed under subsection 13(1) of 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 the superintendent to act on his or her behalf.
HER MAJESTY
Marginal note:Binding on Her Majesty
3. This Act is binding on Her Majesty in right of Canada or a province.
PARK ESTABLISHED
Marginal note:Park established
4. Rouge National Urban Park, which is described in the schedule, is established for the purposes of protecting and presenting, for current and future generations, the natural and cultural heritage of the Park and its diverse landscapes, promoting a vibrant farming community and encouraging Canadians to discover and connect with their national protected heritage areas.
MANAGEMENT OF THE PARK
Marginal note:Management by Minister
5. The Minister is responsible for the administration, management and control of the Park, including the administration of public lands in the Park and, for that purpose, the Minister may use and occupy those lands.
Marginal note:Factors to be considered
6. The Minister must, in the management of the Park, take into consideration the protection of its natural ecosystems and cultural landscapes and the maintenance of its native wildlife and of the health of those ecosystems.
Marginal note:National historic sites
7. The Minister must, in relation to any national historic site in the Park, ensure
(a) that cultural resources are not impaired or under threat;
(b) that cultural resources are maintained in a manner that will prevent or slow their deterioration and that any intervention carried out is in accordance with national conservation standards; and
(c) that he or she does not take any action, including the making of a payment or the granting of any financial assistance or any authorization, that would have an adverse effect on cultural resources or on the communication to the public of the reasons for the commemoration of the national historic site.
Marginal note:Advisory committee
8. The Minister may establish a committee to advise the Minister on the management of the Park. The advisory committee may include representatives from local governments, Aboriginal or regional organizations and other organizations that the Minister considers appropriate.
Marginal note:Management plan
9. (1) Within five years after the establishment of the Park, the Minister must prepare a management plan that sets out a long-term vision for the Park and provides for management objectives and performance evaluation. The Minister must cause the management plan to be tabled in each House of Parliament.
Marginal note:Area management approach
(2) The management plan must set out a management approach, by area, that includes the following:
(a) the protection and presentation of natural and cultural heritage;
(b) the presentation of agricultural heritage and the encouragement of sustainable farming practices; and
(c) the installation and maintenance of infrastructure, buildings and other improvements.
Marginal note:Review of management plan
(3) The Minister must review the management plan at least every 10 years and must cause any amendments to the plan to be tabled in each House of Parliament.
Marginal note:Public consultation
10. The Minister must provide opportunities for public participation, including by Aboriginal organizations, in the development of the management plan and in relation to any other matters that the Minister considers relevant.
Marginal note:Agreements
11. The Minister may, for the purposes of the management of the Park, enter into agreements with federal and provincial ministers and agencies, local governments, Aboriginal organizations and other persons and organizations.
Marginal note:Clearing of land for installation or maintenance of infrastructure
12. The superintendent may issue, amend, suspend and revoke any permit or other authorization for the clearing of public lands in the Park for the purpose of installing or maintaining public infrastructure, including public utilities or transportation corridors.
PARK LANDS
Marginal note:Public lands
13. (1) The Minister may, in respect of public lands in the Park, enter into leases, grant easements and issue licences of occupation.
Marginal note:Use of lands
(2) Public lands in the Park in which a right or interest is held for any purpose under this Act remain part of the Park and that right or interest reverts to Her Majesty in right of Canada if those lands cease to be used for that purpose.
Marginal note:Termination, etc.
(3) The Minister may, in respect of public lands in the Park, terminate or accept the surrender of a lease and terminate or accept the relinquishment of an easement or a licence of occupation.
Marginal note:Expropriation
(4) The Expropriation Act applies in respect of the acquisition of an interest in public lands in the Park for the purposes of this Act if the holder of the interest does not consent and there is no cause for termination under subsection (3).
Marginal note:Meaning of terms
(5) For the purposes of subsection (4), the Minister is deemed to be a Minister referred to in paragraph (b) of the definition “Minister” in subsection 2(1) of the Expropriation Act and the Parks Canada Agency is deemed to be a department named in Schedule I to the Financial Administration Act.
Marginal note:No other expropriation
(6) Despite the Expropriation Act, no interest in land may be acquired by expropriation by Her Majesty in right of Canada for the purpose of enlarging the Park.
Marginal note:Amendment to schedule
14. (1) For the purpose of enlarging the Park, the Governor in Council may, by order, amend the schedule by altering the description of the Park, if the Governor in Council is satisfied that Her Majesty in right of Canada has title to the lands that are to be included in the Park, regardless of whether there are any charges on title.
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 title to lands in the Park, the Governor in Council may, by order, amend the schedule by altering the description of the Park to remove those lands from the Park.
Marginal note:No disposition without authority
15. It is prohibited to dispose of public lands or a right or interest in public lands in the Park, except as permitted under this Act.
Marginal note:Authority to dispose
16. (1) Public lands or a right or interest in public lands in the Park may be disposed of to a federal or provincial authority, including the Toronto and Region Conservation Authority, or to a municipal authority, if the disposal is required for the purposes of the installation or maintenance of public infrastructure, including public utilities or transportation corridors.
Marginal note:Restriction
(2) Subsection (1) ceases to apply in respect of the transfer of the fee simple in the public lands when the total amount of lands in which fee simple has been transferred under that subsection reaches an area of 200 hectares.
Marginal note:Amendment to schedule
(3) The Governor in Council may, by order, amend the schedule by altering the description of the Park to remove the lands that have been disposed of.
Marginal note:Reversion
(4) Lands disposed of under subsection (1) revert to Her Majesty in right of Canada if those lands cease to be used for the purposes for which they were disposed of.
POLLUTION CLEAN-UP
Marginal note:Mitigation of risks
17. (1) If a substance that is capable of degrading the natural environment, injuring natural or cultural resources or endangering human health is discharged or deposited in the Park, any person who has charge, management or control of the substance and any person who caused or contributed to the discharge or deposit must take reasonable measures to prevent any degradation of the natural environment and any danger to natural or cultural resources or to human health that may result from the discharge or deposit.
Marginal note:Powers of superintendent and Minister
(2) If the superintendent is of the opinion that a person is not taking the required measures, the superintendent may order the person to take those measures and, if the person fails to do so, the Minister may take those measures on behalf of Her Majesty in right of Canada.
Marginal note:Expenses of clean-up
(3) A person who fails to comply with an order given by the superintendent is liable for the expenses reasonably incurred by Her Majesty in right of Canada in taking the measures, and those expenses may be recovered from that person, with costs, in proceedings brought in the name of Her Majesty in any court of competent jurisdiction.
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