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Canada National Parks Act ( 2000, C

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Canada National Parks Act ( 2000, C Canada National Parks Act ( 2000, c. 32 ) Disclaimer: These documents are not the official versions (more). Act current to June 2nd, 2007 Attention: See coming into force provision and notes, where applicable. Table Of Contents Back to search results Canada National Parks Act 2000, c. 32 N-14.01 [Assented to October 20th, 2000] An Act respecting the national parks of Canada Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Canada National Parks Act. INTERPRETATION Definitions 2. (1) The definitions in this subsection apply in this Act. "community plan" «plan communautaire » "community plan" means a land use plan for a park community. "ecological integrity" «intégrité écologique » "ecological integrity" means, with respect to a park, a condition that is determined to be characteristic of its natural region and likely to persist, including abiotic components and the composition and abundance of native species and biological communities, rates of change and supporting processes. "enforcement officer" «agent de l’autorité » "enforcement officer" means a person designated under section 19 or belonging to a class of persons so designated. "Minister" «ministre » "Minister" means the Minister responsible for the Parks Canada Agency. "park" «parc » "park" means a national park of Canada named and described in Schedule 1. "park community" «collectivité » "park community" means any of the following communities: (a) the visitor centre of Field in Yoho National Park of Canada; (b) the town of Banff in Banff National Park of Canada; (c) the visitor centre of Lake Louise in Banff National Park of Canada; (d) the visitor centre of Waterton Lakes Park in Waterton Lakes National Park of Canada; (e) the town of Jasper in Jasper National Park of Canada; (f) the visitor centre of Waskesiu in Prince Albert National Park of Canada; or (g) the visitor centre of Wasagaming in Riding Mountain National Park of Canada. "park reserve" «réserve » "park reserve" means a national park reserve of Canada named and described in Schedule 2. "park warden" «garde de parc » "park warden" means a person designated under section 18. "public lands" «terres domaniales » "public lands" means lands, including submerged lands, that belong to Her Majesty in right of Canada or that the Government of Canada has the power to dispose of, whether or not such disposal is subject to the terms of any agreement between the Government of Canada and the government of a province. "superintendent" «directeur » "superintendent" means an officer appointed under the Parks Canada Agency Act who holds the office of superintendent of a park or of a national historic site of Canada to which this Act applies, and includes any person appointed under that Act who is authorized by such an officer to act on the officer’s behalf. Aboriginal rights (2) For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982. 2000, c. 32, s. 2; 2002, c. 18, s. 30; 2005, c. 2, s. 7. HER MAJESTY Binding on Her Majesty 3. This Act is binding on Her Majesty in right of Canada or a province. NATIONAL PARKS OF CANADA Parks dedicated to public 4. (1) The national parks of Canada are hereby dedicated to the people of Canada for their benefit, education and enjoyment, subject to this Act and the regulations, and the parks shall be maintained and made use of so as to leave them unimpaired for the enjoyment of future generations. 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. 2000, c. 32, s. 4; 2002, c. 18, s. 31. National parks of Canada 5. (1) Subject to section 7, the Governor in Council may, by order, for the purpose of establishing or enlarging a park, amend Schedule 1 by adding the name and a description of the park, or by altering the description of the park, if the Governor in Council is satisfied that (a) Her Majesty in right of Canada has clear title to or an unencumbered right of ownership in the lands to be included in the park; and (b) the government of the province in which those lands are situated has agreed to their use for that purpose. 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. 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. 2000, c. 32, s. 5; 2002, c. 18, s. 31.1. Reserves for parks 6. (1) Subject to section 7, the Governor in Council may, by order, for the purpose of establishing or enlarging a park reserve, amend Schedule 2 by adding the name and a description of the reserve, or by altering the description of the reserve, if the Governor in Council is satisfied that the government of the province in which the lands to be included in the reserve are situated has agreed to their use for that purpose. Reserve lands becoming park (2) Where a claim referred to in subsection 4(2) is settled, the Governor in Council may, by order, (a) amend Schedule 2 by removing the name and description of the park reserve or by altering that description; and (b) if the settlement provides that the park reserve or part of it is to become a park or part of one, amend Schedule 1 by adding the name and a description of the park or by altering the description of the park, if the Governor in Council is satisfied that Her Majesty in right of Canada has clear title to or an unencumbered right of ownership in the lands to be included in the park. 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. 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. 2000, c. 32, s. 6; 2002, c. 18, s. 31.2. Amendment to be tabled and referred 7. (1) Before an amendment is made to Schedule 1 or 2 for a purpose referred to in subsection 5(1) or 6(1), respectively, the proposed amendment shall be tabled in each House of Parliament, together with a report on the proposed park or park reserve that includes information on consultations undertaken and any agreements reached with respect to its establishment, and an amendment so tabled stands referred to the standing committee of each House that normally considers matters relating to parks or to any other committee that that House may designate for the purposes of this section. Disapproval by committee (2) The committee of each House may, within 30 sitting days after the amendment is tabled, report to the House that it disapproves the amendment, in which case a motion to concur in the report shall be put to the House in accordance with its procedures. Amendment allowed (3) A proposed amendment to Schedule 1 or 2 may be made if 31 sitting days have elapsed after the tabling of the amendment in both Houses and no motion referred to in subsection (2) has been proposed in either House. Amendment not allowed (4) A proposed amendment to Schedule 1 or 2 may not be made if either House passes a motion referred to in subsection (2). ADMINISTRATION Management by Minister 8. (1) The Minister is responsible for the administration, management and control of parks, including the administration of public lands in parks and, for that purpose, the Minister may use and occupy those lands. Ecological integrity (2) Maintenance or restoration of ecological integrity, through the protection of natural resources and natural processes, shall be the first priority of the Minister when considering all aspects of the management of parks. Park communities 9. Powers in relation to land use planning and development in park communities may not be exercised by a local government body, except as provided in the agreement referred to in section 35. Agreements — general 10. (1) The Minister may enter into agreements with federal and provincial ministers and agencies, local and aboriginal governments, bodies established under land claims agreements and other persons and organizations for carrying out the purposes of this Act. Agreements — particular (2) The Minister may enter into agreements (a) with any person for the development, operation and maintenance in a park of hydro-electric power pursuant to the Dominion Water Power Act for use in a park; (b) with a local or aboriginal government having jurisdiction on lands adjacent to a park for the supply of water from the park to any place on those adjacent lands; and (c) with any person located on lands in or adjacent to a park for the supply of water from the park to those lands for domestic purposes or for use in establishments providing services to park visitors.
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