Canada National Marine Conservation Areas Act (S.C. 2002, c. 18)
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Assented to 2002-06-13
CONSEQUENTIAL AMENDMENTS
2000, c. 32Canada National Parks Act
31. Subsection 4(2) of the Act is replaced by the following:
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.
31.1 Subsection 5(2) of the Act is replaced by the following:
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.
31.2 (1) The portion of subsection 6(2) of the Act before paragraph (a) is replaced by the following:
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,
(2) Subsection 6(3) of the Act is replaced by the following:
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.
31.3 Section 19 of the Act is replaced by the following:
Marginal note:Designation of enforcement officers
19. The Minister may designate persons or classes of persons employed in the public service of Canada or by a provincial, municipal or local authority or an aboriginal government, whose duties include law enforcement, to be enforcement officers for the purpose of the enforcement of specified provisions of this Act or the regulations in relation to specified parks, and for that purpose enforcement officers have the powers and are entitled to the protection provided by law to peace officers within the meaning of the Criminal Code.
31.4 Subsection 23(2) of the Act is replaced by the following:
Marginal note:Forfeiture where ownership not ascertainable
(2) If the lawful ownership of or entitlement to a seized thing cannot be ascertained within 30 days after its seizure, the thing or any proceeds of its disposition are forfeited to Her Majesty in right of Canada, if the thing was seized by a park warden or by an enforcement officer employed in the public service of Canada, or to Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by a provincial, municipal or local authority or an aboriginal government.
1995, c. 11Department of Canadian Heritage Act
32. The French version of paragraph 4(2)(e) of the Department of Canadian Heritage Act is replaced by the following:
e) les parcs nationaux, les lieux et monuments historiques nationaux, les canaux historiques, les champs de bataille nationaux, les aires marines nationales de conservation, les gares ferroviaires et les édifices fédéraux patrimoniaux;
1998, c. 31Parks Canada Agency Act
33. (1) Paragraph (a) of the preamble to the Parks Canada Agency Act is replaced by the following:
(a) to protect the nationally significant examples of Canada’s natural and cultural heritage in national parks, national historic sites, national marine conservation areas and related heritage areas in view of their special role in the lives of Canadians and the fabric of the nation,
(2) Paragraph (d) of the preamble to the Act is replaced by the following:
(d) to include representative examples of Canada’s land and marine natural regions in the systems of national parks and national marine conservation areas,
(3) Paragraph (h) of the preamble to the Act is replaced by the following:
(h) to ensure the ecologically sustainable use of national marine conservation areas,
34. (1) Paragraph (a) of the definition “other protected heritage areas” in subsection 2(1) of the Act is replaced by the following:
(a) historic canals that are within the jurisdiction of the Minister under the Department of Canadian Heritage Act;
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“national marine conservation area”
« aire marine nationale de conservation »
“national marine conservation area” means a marine conservation area or reserve as defined in subsection 2(1) of the Canada National Marine Conservation Areas Act.
35. Subsection 5(1) of the Act is replaced by the following:
Marginal note:Exercise of powers conferred on Minister
5. (1) Subject to any direction given by the Minister, the Agency may exercise the powers and shall perform the duties and functions that relate to national parks, national historic sites, national marine conservation areas, other protected heritage areas and heritage protection programs that are conferred on, or delegated, assigned or transferred to, the Minister under any Act or regulation.
36. Subsections 6(1) to (3) of the Act are replaced by the following:
Marginal note:Responsibilities — subject-matter
6. (1) The Agency is responsible for the implementation of policies of the Government of Canada that relate to national parks, national historic sites, national marine conservation areas, other protected heritage areas and heritage protection programs.
Marginal note:System plans
(2) The Agency shall ensure that there are long-term plans in place for establishing systems of national parks, national historic sites and national marine conservation areas.
Marginal note:New protected heritage areas
(3) The Agency is responsible for negotiating, and recommending to the Minister, the establishment of new national parks, national marine conservation areas and other protected heritage areas and the acquisition of national historic sites.
37. Section 7 of the Act is replaced by the following:
Marginal note:Additions to or deletions from the schedule
7. The Governor in Council may, by order, add to or delete from the schedule any Act of Parliament or regulation or part of an Act or regulation that relates to national parks, national historic sites, national marine conservation areas or other protected heritage areas or heritage protection programs.
38. (1) Paragraphs 21(3)(b) to (d) of the Act are replaced by the following:
(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 that has not yet attained full operational status;
(c) to develop or maintain any national park, national historic site, national marine conservation area or other protected heritage area that has not yet attained full operational status, 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
(2) Subsection 21(4) of the Act is replaced by the following:
Marginal note:Determination of status
(4) The Chief Executive Officer must, in accordance with the guidelines established under subsection (5), determine whether a national park, national historic site, national marine conservation area or other protected heritage area has attained full operational status for the purposes of paragraphs (3)(b) and (c).
39. Section 31 of the Act is replaced by the following:
Marginal note:Report on state of heritage areas and programs
31. At least every two 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 performance of the Agency in carrying out its responsibilities under section 6.
Marginal note:2000, c. 32, s. 59
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, 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.
41. Part 1 of the schedule to the Act is amended by adding the following in alphabetical order:
Canada National Marine Conservation Areas Act
Loi sur les aires marines nationales de conservation du Canada
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