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This document was
prepared by the staff of the Parliamentary Research Branch to provide Canadian
Parliamentarians with plain language background and analysis of proposed government
legislation. Legislative summaries are not government documents. They have no official
legal status and do not constitute legal advice or opinion. Please note, the Legislative
Summary describes the bill as of the date shown at the beginning of the document. For the
latest published version of the bill, please consult the parliamentary internet site at www.parl.gc.ca.
LS-365E
BILL C-27: CANADA NATIONAL PARKS ACT
Prepared by :
John Craig
Law and Government Division
4 May 2000
LEGISLATIVE HISTORY OF BILL C-27
HOUSE OF COMMONS |
SENATE |
Bill Stage |
Date |
Bill Stage |
Date |
First Reading: |
1 March 2000 |
First Reading: |
14 June 2000 |
Second Reading: |
8 May 2000 |
Second Reading: |
|
Committee Report: |
1 June 2000 |
Committee Report: |
|
Report Stage: |
9 June 2000 |
Report Stage: |
|
Third Reading: |
13 June 2000 |
Third Reading: |
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Royal Assent:
Statutes of Canada
N.B. Any substantive changes in this Legislative Summary which have
been made since the preceding issue are indicated in bold print.
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TABLE OF CONTENTS
BACKGROUND
DESCRIPTION AND ANALYSIS
A. Short Title and
Definitions (Clauses 1 and 2)
B.
National Parks and Park Reserves (Clauses 3 to 7)
C.
Administration of National Parks (Clauses 8 to 12)
D.
Administration of Park Lands (Clauses 13 to 15)
E. National
Parks Regulations (Clauses 16 and 17)
F.
Enforcement of the Act (Clauses 18 to 23)
G. Offences
and Punishment (Clauses 24 to 31)
H.
Mitigation of Damage to the Environment (Clause 32)
I. Park Communities
(Clauses 33 and 34)
J.
Provisions for Particular Parks and Park Reserves (Clauses 35 to 41)
K. National
Historic Sites (Clause 42)
L. Repeals,
Consequential Amendments and Conditional Amendments (Clauses 43 to 70)
M. Coming into
Force (Clause 71) and Schedules
COMMENTARY
BILL C-27: CANADA NATIONAL PARKS ACT
BACKGROUND
Bill C-27, An
Act respecting the national parks of Canada, was tabled in the House of Commons by the
Minister of Canadian Heritage on 1 March 2000 and received first reading on that date. It
was introduced, amongst other things, to amend and consolidate the National Parks Act(1) and to mark officially the creation of seven new parks,
including the Aulavik National Park in the Northwest Territories, Gros Morne National Park
in Newfoundland, and Wapusk National Park in Manitoba, and one new park reserve, the
Pacific Rim National Park Reserve in British Columbia. The bill would enable the
government to enact a large number of housekeeping measures as well as new provisions
resulting from the many changes made to the National Parks Act over the years.
Much of the
subject matter of Bill C-27 was originally introduced in the first session of the 36th
Parliament as Bill C-70, An Act respecting national parks. That bill received first
reading in the House of Commons on 16 March 1999 but died on the Order Paper when
Parliament prorogued in September 1999. The only major difference between the two bills is
the removal of a provision in clause 17 of Bill C-70 that would have provided the Governor
in Council with authority to levy taxes on park residents and park lands.
The tabling of
Bill C-27 is one of three related legislative initiatives that include the creation of the
Parks Canada Agency with the enactment of Bill C-29 in December 1998, and the October 1999
tabling in the House of Commons of Bill C-8, which is designed to establish and administer
a network of marine conservation areas. Once in force, these three Acts will form a
coherent body of legislation that will strengthen the Government of Canadas capacity
to preserve and protect the ecological integrity of natural heritage sites.
The creation
of a national system of parks dates back to 1885 when hot springs were discovered in what
would later become the Rocky Mountains Park, now known as Banff National Park; the current
initiatives are, arguably, long overdue. According to the Department of Canadian Heritage,
the existing National Parks Act, which dates back to 1930, consists of a set of
disparate provisions as a result of the many amendments made to the Act over the years.(2) The most recent major amendments were made by Parliament
in 1974 and in 1988.(3) Bill C-27 would update the Act by
re-arranging existing provisions to make the law clearer and simpler and by making some
significant substantive changes. The most notable changes would:
streamline the legislative
process for the creation and enlargement of parks;
restrict the commercial
development of communities located in the parks; and
extend measures to protect
wildlife and other resources in the parks.
Under the
existing Act, a park is created by either Parliaments enactment of a statute or a
cumbersome and costly proclamation procedure whereby a description of the lands in the
park is added to a schedule of the National Parks Act in order to ensure their
protection. This procedure is time-consuming and impedes the development of the parks
system.
Under Bill
C-27, the government proposes that new or existing parks and park reserves be created or
enlarged by means of order in council. In this way, a description of the lands in the new
park could be added to a schedule of the National Parks Act without the need to
enact new legislation. Under the new procedure, Parliament would nevertheless continue to
play an important role; the draft order in council would need to be tabled in the House of
Commons and the Senate, and then referred to the appropriate standing committees for
consideration. If either House of Parliament rejected the draft order, the new park would
not be established (or the existing park enlarged). In order to remove any lands from a
park, however, it would remain necessary for Parliament to pass an Act. The new procedure
would not affect the need to consult the public and other government departments or the
need to form agreements with provincial, territorial, and (in most cases) aboriginal
organizations with respect to the creation of new parks, pursuant to Park Canadas
Guiding Principles and Operational Procedures.
Bill C-27
would introduce measures to control commercial development in the seven "park
communities" located in certain national parks: the urban-style centres of Banff and
Jasper and the visitor service centres in Lake Louise, Field, Waterton Lakes, Wasagaming
and Waskesiu. At present, commercial development in these communities is not subject to
legislated controls, with the exception of only one provision in the current National
Parks Act that can be used to define the boundaries of Banff and Jasper by having
descriptions added to a schedule to that Act. All the park communities are subject in
varying degrees to internal pressures for development, though they recognize that they
cannot continue to grow indefinitely. The 1996 Banff-Bow Valley Study demonstrated that
the effects of development on ecological integrity are cumulative and not immediately
visible.
Bill C-27
would require community plans to be developed for each of the communities located in the
parks, and to be tabled in each House of Parliament by the Minister. Commercial
development would be controlled by requiring, amongst other things, the community plans to
be consistent with the management plan for the park and to observe the principles of
having no net negative environmental impact, exercising responsible environmental
stewardship, and practising heritage conservation. In addition, each community plan would
be required to include a description of the boundaries of the park community, the
boundaries of the commercial zone, and the maximum commercial floor space. These three
elements would be entrenched in a schedule to Bill C-27 by an order in council to be
tabled in Parliament for scrutiny.
Fixing the
essential elements of community plans in the legislation would allow a balance to be
reached between the interests of local residents in the growth and development of their
community, and the national interest in maintaining the ecological integrity of the park
system. Since commercial growth would be capped by the legislation, any changes proposed
after the submission and acceptance of the community plans would have to be the subject of
new legislation following a debate in Parliament.
Current
concerns about the conservation and protection of wildlife and other resources in the
parks relate primarily to poaching and trafficking, not only in wildlife species but also
in other natural resources such as plants and fossils. At present, the hunting or
possession of wildlife in a national park is an offence, but trafficking in wildlife or
natural resources or possessing them for purposes of trafficking, incurs no penalties. The
bill would create a new offence of trafficking, in order to combat the increasing trend
towards large-scale targeting and removal of natural resources in national parks for the
purpose of sale or barter. A new provision relating to multiple offences would also be
added. With regard to poaching, a schedule to the current National Parks Act
contains a list of wildlife species which, because of their vulnerability and rarity, are
afforded special protection in national parks and reserves. Under Bill C-27, these species
would be divided into two schedules on the basis of their degree of vulnerability and the
protection they require. Furthermore, the penalties provided for poaching would be
increased to take into account the seriousness of the offence and to bring the standards
in the Act into conformity with the standards in similar legislation, such as the Wild
Animal and Plant Protection and Regulation of International and Interprovincial Trade Act,(4) the Canada Wildlife Act(5) and the Migratory Birds Convention Act, 1994.(6)
Finally, the
bill would broaden the scope of the current Act relating to damage to the environment so
that it would apply not only to cultural resources but also to natural resources. This
would make it possible to recover the costs of repairing damage to both the natural
environment and resources such as archaeological sites.
In short, Bill
C-27 deals with the following aspects of the creation and administration of national parks
in Canada:
provision of a procedure for
the future establishment of new national parks and the enlargement of existing ones;
addition of several new
national parks and park reserves and adjustment of the land descriptions of certain
existing parks;
enhancement of protection
for wildlife and other park resources;
provision for the
continuation of traditional resource harvesting activities by aboriginal persons in
keeping with comprehensive land claim agreements and federal-provincial agreements to
establish parks;
fixing of the boundaries of
communities in national parks and restriction of commercial development in those
communities;
banning of the extension of
the Banff model of local government to the town of Jasper; and
miscellaneous technical and
housekeeping amendments.
Finally, Bill
C-27 also proposes to harmonize the legislation governing national parks with the proposed
wording of Bill C-8 governing marine conservation areas (called "marine parks"
in Bill C- 27). The proposals in the bill also take into account the provisions of
the Parks Canada Agency Act,(7) which received
Royal Assent in December 1998.
DESCRIPTION AND ANALYSIS
A. Short Title and Definitions (Clauses 1 and 2)
Clause 1 of
the bill provides that its short title would be the Canada National Parks Act.
Clause 2 contains eight definitions that would apply to the bill.
First,
"enforcement officer" would mean a person designated under clause 19 or
belonging to a class of persons so designated. Clause 19 would empower the Minister to
designate as an enforcement officer an employee of the federal public service or of a
provincial, municipal, or local authority whose duties included law enforcement. An
enforcement officer would have to ensure compliance with certain provisions of the bill
and the regulations applying to the particular park. Clause 19 would provide enforcement
officers with the same powers and protection as peace officers under the Criminal Code.
Clause 2
specifically identifies the seven "park communities" located within the national
parks, namely:
the visitor centre of Field
in Yoho National Park;
the town of Banff in Banff
National Park;
the visitor centre of Lake
Louise in Banff National Park;
the visitor centre of
Waterton in Waterton Lakes National Park;
the town of Jasper in Jasper
National Park;
the visitor centre of
Waskesiu in Prince Albert National Park; and
the visitor centre of
Wasagaming in Riding Mountain National Park.
"Superintendent"
would mean an officer appointed under the Parks Canada Agency Act who held the
office of superintendent of a park or of a national historic site to which the bill
applied, and would include any person appointed under the bill who was authorized by such
an officer to act on the officers behalf. The powers that could be granted to the
superintendent of a park are outlined in clause 16(3), and are discussed below under Part
E.
Clause 18
would empower the Minister responsible for parks to designate as a "park warden"
any person appointed under the Parks Canada Agency Act whose duties included the
enforcement of the bill. To carry out their duties of ensuring compliance with the bill
and the regulations and maintaining public peace in parks, park wardens would be peace
officers within the meaning of the Criminal Code.
The
"Minister" responsible for national parks would be the member of the
Queens Privy Council for Canada designated by the Governor in Council for the
purposes of the Act.(8) "Park" would mean a
national park or a national marine park named and described in Schedule 1, and "park
reserve" would mean a national park reserve or a national marine park reserve(9) named and described in Schedule 2. Finally, "public
lands" would mean lands, including submerged lands, that belonged to Her Majesty in
right of Canada or that the Government of Canada had the power to dispose of, whether or
not such disposal was subject to the terms of any agreement between the Government of
Canada and the government of a province.
B.
National Parks and Park Reserves (Clauses 3 to 7)
Clause 3
states that the bill would be binding on Her Majesty in right of Canada or a province;
thus both the federal and the provincial Crowns would be subject to the bill.
Clause 4(1) essentially repeats and updates the wording of section 4 of the 1930 National
Parks Act, setting out the objectives of creating and dedicating national parks. It
reiterates that national parks are dedicated to the people of Canada for their benefit,
education and enjoyment, and must be maintained and made use of so as to leave them
unimpaired for the enjoyment of future generations. The same would apply under clause 4(2)
to park reserves, when an area or a portion of an area proposed for a park was subject to
an aboriginal claim that had been accepted for negotiation by the Government of Canada
under its comprehensive land claims policy.
Clauses 5 to 7
describe the procedures for establishing, enlarging and removing any portion of a national
park or park reserve. Under the bill, these protected areas could be created or enlarged
by order in council rather than, as at present, by enacting legislation to amend a
schedule of the National Parks Act. Specifically, the Governor in Council would be
able to amend Schedule 1 of the bill by an order in council adding the name and
description of the new park or park reserve or altering the description of an existing
park or park reserve. The Governor in Council would first have to be satisfied that Her
Majesty in right of Canada had clear title to or an unencumbered right of ownership in the
lands and that the government of the province in which the lands were situated had agreed
to their use for this purpose. Following the settlement of an aboriginal land claim
referred to in clause 4(2), the same procedure would apply to the transfer to Schedule 1
of a park reserve appearing in Schedule 2. The Governor in Council would not, however, be
able to amend either Schedule 1 or Schedule 2 to remove any portion of a park or park
reserve (clauses 5(2) and 6(3)).
Clause 7 would
require the Governor in Council to table any proposed amendment to Schedule 1 (parks) or
Schedule 2 (park reserves) in each House of Parliament. The draft order would be referred
to the committee of each House that normally considered such matters or to any other
committee designated by the respective House (clause 7(1)). Either committee could report
its disapproval of the amendment to the House within 20 sitting days; clauses 7(2) and (3)
prescribe the procedures for reporting back and debate on the report. If no report of
disapproval were made within this time period, or if a report of disapproval were rejected
by either House, the proposed amendment could be passed (clause 7(4)). On the other hand,
if either House passed a motion to disapprove the draft order, the amendment could not be
made (clause 7(5)).
C. Administration of the National
Parks (Clauses 8 to 12)
Under clause
8, the Minister would be responsible for the administration, management and control of
parks, including the administration of public lands in parks. Clause 9 provides that
powers in relation to land use, community planning and development in park communities
could not be exercised by a local government body, except as provided in the agreement
referred to in clause 35. This clause would effectively make an exception for the town of
Banff in Banff National Park by allowing the Governor in Council to authorize the Minister
to amend a pre-existing agreement with the Government of Alberta for the establishment of
an independent local government body in Banff.(10)
Clause 10(1)
would enable the Minister to conclude agreements with federal and provincial ministers and
agencies, local and aboriginal governments and non-governmental organizations for carrying
out the purposes of the Act. The Minister could also conclude agreements with any person
concerning hydro-electric power services for use in a park and with a local government
body or any person located on lands within or adjacent to a park for the supply of water
(clause 10(2)). Finally, the Minister could enter into an agreement with a provincial
minister or with an agency to authorize the use of public lands in a park, but the
agreement could be terminated by the Minister if the lands in question ceased to be used
as authorized (clause 10(3)).
Under clause
11, within five years of the establishment of a park the Minister would be required to
prepare a management plan for it, including provision for resource protection, zoning and
visitor use. The Minister would have to review the plan every five years. The management
plan and any subsequent amendments would need to be tabled in each House of Parliament,
under clause 11(2).
Clause 12
would require that the Minister provide opportunities "as appropriate" for
public participation at the national, regional and local levels in the development of
parks policy, the establishment of parks, the formulation of management plans,(11) and any other matters the Minister considered
relevant. In addition, at least every two years, the Minister would have to table in each
House of Parliament a report on the state of the parks and the progress made towards the
establishment of new parks.
D. Administration of Park Lands
(Clauses 13 to 15)
Clause 13
would prohibit the disposal, use or occupation of public lands in a park or the granting
of any right or interest in these lands except as permitted by the bill or the
regulations. Under clause 14, the Governor in Council could, by regulation, declare any
area of a park that existed in a natural state, or that was capable of returning to a
natural state, to be a "wilderness area." The Minister would be prohibited from
authorizing any activity likely to impair the wilderness character of that area, except
for the following purposes: park administration, public safety, the provision of basic
user facilities including trails and rudimentary campsites, activities in accordance with
regulations made under clause 17 (i.e. traditional renewable resource harvesting
activities), and obtaining access to remote parts of a wilderness area by air (clause
14(3)).
Clause 15(1)
would permit the Minister to enter into leases of, and easements or servitudes over public
lands in a park that were used for rights-of-way or any alteration to, or deviation from,
a right-of-way for various purposes (e.g., for railways, railway stations, oil or gas
pipelines, telecommunication or electrical transmission lines or exchanges, weather
stations, and other scientific monitoring stations). The public lands leased or subject to
easements for these purposes would continue to form part of the park and would revert to
the Crown if they ceased to be used for the specified purpose (clause 15(3)). The Minister
would also have the power to terminate a lease, easement or licence of occupation of
public lands in a park and to accept the relinquishment of a licence, easement or
servitude (clause 15(2)). Pursuant to clause 15(4), Her Majesty in right of Canada could
not acquire any interest in land by expropriation for the purpose of establishing or
enlarging a park, notwithstanding the Expropriation Act.
E. National Parks Regulations (Clauses 16 and
17)
Clause 16(1)
would authorize the Governor in Council to make regulations concerning various aspects of
the control and management of the national parks, including:
the preservation, control
and management of parks, including anything relating to buildings, roads, works and public
services and the control of businesses, trades, occupations, amusements, sports and other
activities;
the protection of flora,
soil, waters, fossils, natural features, air quality and cultural, historical and
archaeological resources, and the acquisition and disposition of prehistoric or historic
objects and the sale of publications, souvenirs and consumer articles;
the protection of fauna and
the destruction or removal of dangerous or superabundant fauna as well as the taking of
specimens for scientific or propagation purposes;
the management and
regulation of fishing;
the prevention and remedying
of any obstruction or pollution of waterways;
the issuance, amendment and
termination of leases, licences of occupation and easements or servitudes, and the
acceptance of the surrender or resiliation of leases and the relinquishment of easements
or servitudes and licences of occupation of or over public lands;
the restriction or
prohibition of activities and the control of the use of park resources and facilities;
public safety, including the
control of firearms, and the preservation of public health and the prevention of disease;
the abatement and prevention of nuisances and fires; the inspection of buildings,
structures, facilities and other improvements;
the determination of fees to
be collected for the use of facilities, permits and licences, and the determination of the
maximum amounts of fines provided for in clause 24(2) for contraventions of the
regulations or the conditions of permits or licences;
the use, transportation and
temporary storage of pesticides and other toxic substances;
the control of domestic
animals, including the impounding or destruction of strays;
the authorization of the use
of park lands and the use or removal of flora and other natural objects by aboriginal
people for traditional spiritual and ceremonial purposes;
the control of access to
parks by air; and
Clause 16(2)
provides that the establishment or use of any of various improvements referred to in
clause 16(1)(j) would not operate to withdraw lands from a park.(12)
Clause 16(3)
would provide specific powers to the superintendent of a park: to vary any requirement of
the regulations for purposes of public safety or the conservation of natural resources in
the park; to issue, amend, suspend and revoke permits, licences and other authorizations
relating to any matter that was the subject of regulations and to set their terms and
conditions; and to order the taking of any action to counter any threat to public health
or to remedy the consequences of any breach of the park regulations.
Clauses 17(1)
and (2) would permit the Governor in Council to make regulations respecting the exercise
of traditional harvesting of renewable resources:
in Wood Buffalo, Wapusk, and
Gros Morne National Parks:
in any national park
established in the District of Thunder Bay, Ontario,
in any park created on
territory where the exercise of such activities was provided for in an agreement on the
establishment of the park between the Government of Canada and a provincial government;
and
where an agreement for the
settlement of an aboriginal land claim that was given effect by an Act of Parliament
provided for the exercise of traditional renewable resource harvesting, including the
removal of stone for carving purposes.
Clause 17(3)
would permit the Governor in Council to make regulations in order, amongst other things,
to specify traditional renewable resource harvesting activities; designate classes of
persons authorized to engage in those activities and prescribe conditions; prohibit the
use of renewable resources taken from parks for purposes other than for the exercise of
these traditional activities; close areas of the park to traditional harvesting of
renewable resources; establish limits on the renewable resources that could be harvested
in any period or to vary any such limits established by the regulations for purposes of
conservation; and prohibit or restrict the use of equipment in the park for the purpose of
protecting natural resources. Under clause 17(5), the regulations made under clause 17
could authorize the superintendent of a national park to vary any requirement of the
regulations for purposes of public safety or the conservation of natural resources in the
park.
F. Enforcement of the Act (Clauses 18 to
23)
Clauses 18 to
23 provide for the designation of park wardens and enforcement officers, and their powers
in enforcing the bill and regulations. Under clause 18, the Minister would be empowered to
designate persons appointed under the Parks Canada Agency Act to be park wardens
for the enforcement of the bill and the regulations and for the maintenance of the public
peace in parks. For the purposes of specified portions of the bill or regulations, in
relation to specified parks, clause 19 would similarly authorize the Minister to designate
as enforcement officers any persons or classes of persons employed in the federal public
service or by provincial, municipal or local authority and whose duties included law
enforcement. Under clauses 18 and 19, park wardens and enforcement officers would be
considered peace officers within the meaning of the Criminal Code. Wardens and
enforcement officers would have to swear an oath and receive a certificate of designation
setting out the provisions of the bill or regulations that they would have the power to
enforce and the park(s) in which their powers would apply.
The powers of
park wardens and enforcement officers are set out in clauses 21 to 23. These would include
the power, in accordance with and subject to the Criminal Code, to:
arrest without warrant any
person found committing an offence under the bill in a park (clause 21(1)(a))
arrest without warrant any
person who was believed by the warden or officer on reasonable grounds to have committed
or to be about to commit an offence under clause 26 (clause 21(1));
enter and search a place and
open and examine any package or receptacle in accordance with a warrant, and to seize
anything in relation to which an offence under the bill or regulations had been committed,
or that would afford evidence with respect to the commission of such an offence, to the
extent authorized by warrant (clause 22(1)(b));
exercise any powers under
clause 22(1) without warrant if the conditions for obtaining a warrant existed but exigent
circumstances made it impractical to obtain one (clause 22(3)).
in the case of park wardens
only, arrest without warrant a person whom the warden found committing an offence under
any other Act (clause 21(2)).
Clause 23
deals with the custody and forfeiture of seized things. Clauses 28 and 29 would supplement
clause 23 regarding the forfeiture, restoration, retention or sale and disposal of seized
things by the Minister.
G. Offences and Punishment (Clauses 24 to 31)
Clauses 24 to
31 would govern offences and punishment. Clause 24 provides that any person who breached
clause 13 (disposal or use of public lands), clause 32(1) (clean-up of pollution following
the discharge of a pollutant), a provision of the regulations, or the conditions of a
licence, permit or other authorization would be liable on summary conviction to a fine not
exceeding $2,000. Clause 25 would prohibit trafficking in wildlife, plants and other
naturally occurring objects or products, with contravention resulting in a fine not
exceeding $10,000. The act of hunting, possessing or trafficking in a protected species
listed in Part 1 of Schedule 3 of the bill ("Protected Species") could result in
a fine not exceeding $150,000, or in imprisonment for a term not exceeding six months, or
to both on summary conviction, or, on indictment, in a fine not exceeding $150,000 and
imprisonment for not more than five years, or both (clauses 26(1) and (2)). In the
case of a species listed in Part 2 of Schedule 3, a person convicted on summary conviction
would be sentenced to a fine not exceeding $50,000 or to imprisonment for a term not
exceeding six months, or to both, while a person convicted on indictment would be liable
to a fine not exceeding $50,000 or to imprisonment for a term not exceeding five years, or
to both (clause 26(4)).
Clause 26
would provide definitions for the terms "wildlife," "hunt," and
"possess" and clause 26(6) would authorize the Governor in Council to make
regulations amending Part 1 or 2 of Schedule 3 by adding or deleting the name of any
species of wild mammal, amphibian, reptile, bird, fish or invertebrate. Under clause 27,
fines could be cumulative, offences involving more than one species could constitute
separate offences for each species, and offences taking place on more than one day could
constitute separate offences for each day. Clause 30(1) would allow a court to make
certain specific orders; for example, prohibiting a convicted person from engaging in
certain activities, or directing the person to repair damage caused or to provide
compensation to the Minister.
H. Mitigation of Damage to the Environment
(Clause 32)
Clause 32
would impose certain duties in respect of the discharge of a substance that could harm the
environment or endanger human health. A person who had charge, management or control of
such a substance would be required to take reasonable measures to prevent any resulting
degradation of the environment or danger to fauna, flora, cultural resources or human
health (clause 32(1)). The park superintendent or the Minister could direct that person to
take measures if he or she had failed to do so (clause 33(2)). If the person responsible
failed to comply, he or she would be liable to the federal Crown for any expenses it
incurred (clause 32(3)).
I. Park Communities (Clauses 33 and 34)
Clauses 33(1)
and (2) would require that, for each park community, a community plan be developed that
would be consistent with the management plan for the park and consistent with the
principles of responsible environmental stewardship. The plan would have to be tabled in
both Houses of Parliament as soon as possible after clause 33 came into force. Pursuant to
clause 33(3), the plan would need to include a description of the lands comprising the
park community and the lands comprising the commercial zones, as well as a measure of the
maximum floor area permitted within the commercial zones of the park community. The
Governor in Council could add these items to Schedule 4 by order in council following the
adoption of the bill; however, any subsequent amendment would be subject to the same
parliamentary procedure as that required for establishing and enlarging parks under clause
7 (clause 34).
J. Provisions for Particular Parks and Park
Reserves (Clauses 35 to 41)
Clauses 35 to
38 contain a number of provisions that would apply to particular parks or to some of their
components. Under clause 35, the Governor in Council could authorize the Minister to amend
the 1989 local government agreement entered into with the town of Banff. Clause 36(1)
would limit the operation of commercial ski facilities in the parks to those set out in
Schedule 5; namely, the ski areas of Lake Louise, Mount Norquay (Banff Park), Marmot Basin
(Jasper Park) and Mount Agassiz (Riding Mountain Park). The Governor in Council could,
however, authorize by order in council the construction of ski areas in the vicinity of
Sunshine Village in Banff National Park, by adding a description of this area to Schedule
5. Schedule 5 could not be otherwise amended by the Governor in Council
(clause 36(2)).
Clause 37
specifically concerns traditional activities of hunting, fishing and trapping by the Cree
Band of Fort Chipewyan in Wood Buffalo National Park. Under this clause, the Governor in
Council could create the "Wildlife Advisory Board" to make regulations on the
issuance of hunting and fishing permits to members of the Band in traditional hunting
grounds. The Governor in Council could amend or replace the description of Wood Buffalo
National Park (area of Garden River) and Wapusk National Park by withdrawing lands that
might be required for purposes of aboriginal land entitlement (clause 38).
Clauses 39 and
40 confirm that the bill would apply to park reserves as if they were national parks, and
its application to park reserves, subject to the traditional aboriginal harvesting of
renewable resources. Under clause 41, the Governor in Council could authorize the Minister
to enter into an agreement with the Council of the Haida Nation concerning the management
and operation of Gwaii Haanas National Park Reserve, make regulations regarding the
pursuit of traditional activities in this park reserve, and add new lands to the park
reserve under Schedule 2 without considering the procedure in clause 7.
K. National Historic Sites (Clause 42)
Clause 42
would allow the Governor in Council to designate any land vested in Her Majesty in right
of Canada as a national historic site in order to commemorate a historic event of national
importance, or to preserve a historic landmark or any object of historic, prehistoric or
scientific interest that was of national importance. The Governor in Council could make
any changes considered appropriate in the areas set apart and, by order in council, extend
the application of clauses 8(1), 11, 12 and 16 to 32 to these national historic sites.
L. Repeals, Consequential Amendments and
Conditional Amendments (Clauses 43 to 70)
Clauses 43 to
46 of Bill C-27 would have the effect of repealing An Act to amend the National Parks
Act,(13) An Act to establish a National
Park on the Mingan Archipelago,(14) An Act
to amend the National Parks Act and to amend An Act to amend the National Parks Act(15) and the National Parks Act.(16)
Clauses 47 to
67 would bring about a series of consequential amendments to the following Acts: the
Contraventions Act,(17) An Act to amend the
Financial Administration Act and other Acts in consequence thereof,(18) the Canada Lands Surveys Act,(19)
the Mackenzie Valley Resource Management Act,(20)
the Municipal Grants Act,(21) the Northwest
Territories Waters Act,(22) the Parks Canada
Agency Act,(23) he Saguenay-St. Lawrence Marine
Park Act,(24) the Territorial Lands Act(25) and the Yukon Placer Mining Act.(26) Most of the consequential amendments to these Acts
would be for housekeeping purposes, for example, adding the word "Canada" before
"National Parks Act" to reflect the name of the Act (proposed as Bill C-27)
which would replace the National Parks Act.
Clauses 68 to
70 would bring about a number of conditional amendments to the Mackenzie Valley
Resource Management Act, the Northwest Territories Waters Act, and to Bill C-8,
An Act respecting marine conservation areas. These amendments would come into force on the
date that Bill C-27 or certain named provisions in these Acts came into force, whichever
was later. Clauses 68 and 69 refer to provisions regarding the use of land or waters or
the deposit of waste within a park or park reserve, while clause 70 concerns the
definitions of "park" and "park reserve."
M. Coming into Force (Clause 71) and Schedules
After Bill
C-27 received Royal Assent, the Canada National Parks Act, other than clauses 68 to
70, would come into force on a date to be determined by order in council, as would the
parts of Schedule 1 describing Wapusk, Aulavik and Gros Morne National Parks.
It is also
important to note that Bill C-27 includes five schedules (each discussed above) dealing
with the following aspects of the national parks system or its administration:
Schedule 1:
Description of the boundaries of national parks (clauses 2, 5, 6, 7 and 38)
Schedule 2:
Description of the boundaries of national park reserves (clauses 2, 6, 7 and 41)
Schedule 3:
List of protected species in national parks (clause 26)
Schedule 4:
List of communities in national parks (clauses 33 and 34)
Schedule 5:
Description of commercial ski areas (clause 36)
COMMENTARY
Bill C-70
would help to update the legislation relating to national parks as necessitated by the
many amendments to the National Parks Act since it was first passed in 1930. In
several respects, the bill would provide continuity for that Act and subsequent amendments
to it. Section 4 of the National Parks Act has always been considered the
cornerstone of legislation relating to the creation and administration of the Canadian
system of national parks. Bill C-27 repeats this section, with slightly modified wording.
The bill would thus continue to reflect the dual objectives of national parks: to protect
in perpetuity areas that are representative of Canadas natural heritage, and to
permit the people of Canada to enjoy them. Although the two objectives may seem
contradictory to some, the standards set out in Bill C-27 for the creation and
administration of national parks should ensure that they are in harmony. This can be seen
in the provisions for the protection of fauna and flora in the parks and the environment
of parks generally, and the measures to control commercial development in park
communities. Bill C-27 would facilitate the creation of new parks by permitting this
to be done by order in council, and by establishing review for Parliament and
parliamentary committees.
The updating
of the National Parks Act, together with the tabling in the House of Commons of
Bill C-8 concerning marine conservation areas and the establishment of the new Parks
Canada Agency, should give the government of Canada all the tools necessary to preserve
and protect natural heritage sites in Canada.
(1) R.S.C. 1985, c. N-14.
(2) Canadian Heritage, "National Parks Legislation Tabled," Press
Release and backgrounders, Ottawa, 16 March 1999 (may be accessed on the Canadian
Heritage web site at http://www.pch.gc.ca/bin/News.dll/View?Lang=E&Code=8NR169E
(3) An Act to amend the National Parks Act (1974) c. 11 and An
Act to amend the National Parks Act and to amendment an Act to amend the National
Parks Act (1988), c. 48.
(4) S.C. (1992), ch. 52.
(5) R.S.C. (1985), ch W-9.
(6) R.S.C. (1985), Ch. M-7, S.C. (1994), ch. 22.
(7) R.S.C. 1985, c. C-46.
(8) It is noted that this definition of Minister differs from that in
the current National Parks Act, the Canadian Parks Agency Act, and Bill C-8,
the Marine Conservation Areas Act, in all of which "Minister" is defined
as the Minister of Canadian Heritage.
(9) It should be noted however, that pursuant to clause 70, any
references in Bill C-27 to "national marine park" or "national marine park
reserve" would be removed upon the coming into force of Bill C-27 or Bill C-8,
whichever was later. Bill C-8, as its title implies, establishes "marine conservation
areas" (and not "national marine parks").
(10) The Town of Banff Incorporation Agreement, dated December 12,
1989, being an agreement for the establishment of a local government body for the town of
Banff.
(11)
The French version of the bill refers to a "plan directeur" in clause 11 and a
"plan de gestion" in clause 12, while English version uses "management
plan(s)" in both clauses.
(12) Such improvements would include improvements to roads, streets,
highways, parking areas, sidewalks, streetworks, trails, wharves, docks, and bridges,
pursuant to clause 16(1)(j).
(13) S.C. 1974, c. 11.
(14) S.C. 1984, c. 34.
(15) S.C. 1988, c. 48.
(16) R.S.C. 1985, c. N-14.
(17) S.C. 1992, 47
(18) S.C. 1991, c. 24.
(19) R.S.C. 1985, c. L-6.
(20) S.C. 1998, c. 25.
(21) R.S.C. 1985, c. M-13.
(22) S.C. 1992, c. 39.
(23) S.C. 1998, c. 31.
(24) S.C. 1997, c. 37.
(25) R.S.C. 1985, c. T-7.
(26) R.S.C. 1985, c. Y-3.
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