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Rouge National Urban Park Act (S.C. 2015, c. 10)

Full Document:  

Assented to 2015-04-23

OFFENCES AND PENALTIES

Marginal note:Compensation for loss of property
  •  (1) If a person has been convicted of an offence under this Act, the court may, at the time sentence is imposed and on the application of the person aggrieved, order the offender to pay to the aggrieved person an amount of money by way of satisfaction or compensation for loss of or damage to property suffered by that person as a result of the commission of the offence.

  • Marginal note:Enforcement

    (2) If the amount ordered to be paid under subsection (1) is not paid without delay, the aggrieved person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.

Marginal note:Compensation for cost of remedial or preventive action
  •  (1) A court must not, under paragraph 46(1)(c), order a person convicted of an offence to compensate another person for the cost of any remedial or preventive action referred to in that paragraph if the other person is entitled to make a claim for compensation for that cost under the Marine Liability Act.

  • Marginal note:Compensation for loss or damage — property

    (2) A court must not, under subsection 47(1), order a person convicted of an offence to pay to another person an amount of money by way of satisfaction or compensation for loss of or damage to property if the other person is entitled to make a claim for compensation for that loss or damage under the Marine Liability Act.

Marginal note:Limitation period

 No proceedings by way of summary conviction in respect of an offence under this Act may be instituted more than five years after the day on which the subject matter of the proceedings arose, unless the prosecutor and the defendant agree that they may be instituted after the five years.

Marginal note:Contraventions Act

 If an offence under this Act is designated as a contravention under the Contraventions Act, subsection 8(5) of that Act does not apply in respect of the fine that may be established for that contravention.

Marginal note:Publication of information about contraventions
  •  (1) For the purpose of encouraging compliance with this Act, the Minister must publish, in a registry accessible to the public, information about all convictions of corporations for offences under this Act.

  • Marginal note:Retention

    (2) Information in the registry is to be maintained for a minimum of five years.

Marginal note:Review
  •  (1) The Minister must, 10 years after the day on which this section comes into force and every 10 years after that, undertake a review of sections 33 to 51.

  • Marginal note:Report to Parliament

    (2) The Minister must, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament.

NON-APPLICATION OF STATUTORY INSTRUMENTS ACT

Marginal note:Statutory Instruments Act

 The Statutory Instruments Act does not apply to a permit, licence or other authorization issued under this Act.

CLAIM IN RESPECT OF ABORIGINAL RIGHTS

Marginal note:Aboriginal resource harvesting

 If an area of the Park is subject to a claim in respect of Aboriginal rights that has been accepted for negotiation by the Government of Canada, nothing in this Act precludes the carrying on of traditional renewable resource harvesting activities in that area by the Aboriginal people who have made that claim.

CONSEQUENTIAL AMENDMENTS

R.S., c. L-6Canada Lands Surveys Act

Marginal note:2002, c. 7, s. 101
  •  (1) The portion of paragraph 24(1)(a) of the Canada Lands Surveys Act before subparagraph (i) is replaced by the following:

    • (a) any lands belonging to Her Majesty in right of Canada or of which the Government of Canada has power to dispose that are situated in Yukon, the Northwest Territories or Nunavut and any lands that are

  • (2) Subsection 24(1) of the Act is amended by adding the following after paragraph (a):

    • (a.1) any lands belonging to Her Majesty in right of Canada or of which the Government of Canada has power to dispose that are situated in any National Park of Canada or in the Rouge National Urban Park established by the Rouge National Urban Park Act; and

1998, c. 31Parks Canada Agency Act

 The definition “other protected heritage areas” in subsection 2(1) of the Parks Canada Agency Act is amended by deleting “and” at the end of paragraph (b.1) and by adding the following after that paragraph:

  • (b.2) the Rouge National Urban Park; and

Marginal note:2005, c. 2, s. 4

 Paragraph 4(1)(a) of the Act is replaced by the following:

  • (a) areas of natural or historical significance to the nation, including national parks, national marine conservation areas, national historic sites, historic canals, historic museums established under the Historic Sites and Monuments Act, Saguenay-St. Lawrence Marine Park and Rouge National Urban Park;

Marginal note:2002, c. 18, s. 40

 Subsection 32(1) of the Act is replaced by the following:

Marginal note:Management plans
  • 32. (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.

 Part 1 of the schedule to the Act is amended by adding the following in alphabetical order:

  • Rouge National Urban Park Act

    Loi sur le parc urbain national de la Rouge

2002, c. 29Species at Risk Act

 Subsection 58(2) of the Species at Risk Act is replaced by the following:

  • Marginal note:Protected areas

    (2) If the critical habitat or a portion of the critical habitat is in a national park of Canada named and described in Schedule 1 to the Canada National Parks Act, the Rouge National Urban Park established by the Rouge National Urban Park Act, a marine protected area under the Oceans Act, a migratory bird sanctuary under the Migratory Birds Convention Act, 1994 or a national wildlife area under the Canada Wildlife Act, the competent Minister must, within 90 days after the recovery strategy or action plan that identified the critical habitat is included in the public registry, publish in the Canada Gazette a description of the critical habitat or portion that is in that park, area or sanctuary.

2009, c. 14, s. 126Environmental Violations Administrative Monetary Penalties Act

Marginal note:2012, c. 19, s. 53(1)

COMING INTO FORCE

Marginal note:Order in council

 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

 

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