LS-338E
BILL C-70: AN ACT RESPECTING NATIONAL PARKS
Prepared by:
Jean-Luc Bourdages
Science and Technology Division
16 April 1999
LEGISLATIVE HISTORY OF BILL C-70
HOUSE OF COMMONS |
SENATE |
| Bill Stage |
Date |
Bill Stage |
Date |
| First Reading: |
16 March 1999 |
First Reading: |
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| Second Reading: |
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Second Reading: |
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| Committee Report: |
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Committee Report: |
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| Report Stage: |
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Report Stage: |
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| Third Reading: |
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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. Her Majesty and National Parks (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 to 18)
F. Enforcement of the Act (Clauses 19 to 24)
G. Offences and Punishment (Clauses 25 to 32)
H. Mitigation of Damage to the Environment and the
Communities (Clauses 33 to 35)
I. Provisions for Particular Parks and Park Reserves
(Clauses 36 to 42)
J. National Historical Sites (Clause 43)
K. Repeals, Consequential Amendments and Conditional
Amendments (Clauses 44 to 52)
L. Coming into Force (Clause 53) and Schedules
COMMENTARY
BILL C-70: AN ACT RESPECTING
NATIONAL PARKS
BACKGROUND
Bill C-70, An Act respecting
national parks, was tabled in the House of Commons by the Minister of Canadian Heritage
and the Secretary of State (Parks) on 16 March 1999 and received first reading on that
date. It is designed first of all to amend and consolidate the National Parks Act(1) as well as to mark officially the creation of
the Aulavik National Park in the Northwest Territories, Gros Morne National Park in
Newfoundland, Wapusk National Park in Manitoba and the Pacific Rim National Park Reserve
in British Columbia. It would also enable the government to enact a large number of
housekeeping measures and new provisions arising out of the many amendments made to the
Act over the years.
The tabling of Bill C-70 is part
of a series of actions that include the recent creation of the Parks Canada Agency, the
enactment of Bill C-29 in December 1998 and the even more recent tabling in the House of
Commons of Bill C-48, which is designed to establish and administer a network of marine
conservation areas. Once in force, these three Acts will form a complete and coherent body
of legislation that will strengthen the ability of the Government of Canada to preserve
and protect the exceptional heritage sites in this country. 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.
According to the Department of
Canadian Heritage itself, the existing National Parks Act, which dates back to
1930, is a set of disparate provisions resulting from 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) This Act is now being thoroughly updated; the existing
provisions have been rearranged to make matters clearer and simpler and substantive
changes have been made where necessary. These amendments are of three kinds:
- rationalization of the process of creation and
enlargement of parks;
- control over commercial development in the
communities located in the parks; and
- extension of measures to protect wildlife and
other resources in the parks.
The substantive amendments made
to these three aspects of the administration of national parks are extremely important,
given the development of the system and the objectives of Canada in this regard. Under the
existing Act, the creation of a park requires the enactment of a statute by Parliament to
add a description of the lands in the park to the Schedule to the National Parks Act, thereby
ensuring that the park is protected under the Act. However, this procedure is very
cumbersome and time-consuming and slows down the completion of the parks system.
In Bill C-70, the government
proposes that new parks and park reserves be created in future by means of orders in
council; in this way, a description of the lands in the new park could be added to the
Schedule to the National Parks Act without Parliament having to enact new
legislation. Under this new procedure Parliament would continue to have an important role
to play, since the draft order in council would first be tabled in the House of Commons
and the Senate and then referred to the appropriate standing committees. If either chamber
of Parliament rejected the order, no new park would be created. It should also be noted
that the order in council procedure could be used solely to create new parks or to enlarge
existing parks; in order to reduce the area of a national park, Parliament would have to
pass an Act. Finally, under the new procedure it would still be necessary to consult the
public, other government departments, other levels of government, and interest groups with
respect to the creation of new parks.
More specifically, Bill C-70
would introduce measures to control commercial development in the communities located in
certain national parks. In fact, there are seven such communities, the urban-style centres
of Banff and Jasper and the visitor service centres in Lake Louise, Field, Waterton Lakes,
Wasagaming and Waskesiu. At the present time, commercial development in the communities in
the national parks is not governed by any legislation. There is only one such provision
that can be used to define the boundaries of Banff and Jasper by having a description of
them added to a Schedule to the National Parks Act. All the communities are subject
in varying degrees to internal pressures for development, though they all recognize that
they cannot continue to grow indefinitely. It has been shown that the effects of such
development on the ecological integrity of the region are cumulative and do not all appear
immediately.
Under Bill C-70, community plans
based on principles set out in the legislation would be proposed for each of the
communities located in the parks and submitted to Parliament. The new Act would make it
possible to control commercial development in the communities in the national parks by
providing a power for a Schedule to the National Parks Act to define:
- the boundaries of each park community;
- the boundaries of the commercial zones; and
- the maximum commercial floor space.
The fact that the essential
elements of the community plans were set out in the Act would make it possible to balance
the needs of the local residents (with respect to the growth and development of their
community) with the national interest (with respect to the maintenance of the ecological
integrity of the park network). Since commercial growth would be limited, any change would
have to be the subject of new legislation following a national debate in Parliament. Thus,
all aspects of the question would be considered.
Concerns about the conservation
and protection of wildlife and other resources in the parks relate primarily to poaching
of and trafficking in not only wildlife species but also plants and fossils. At present,
the hunting or possession of wild animals in a national park is an offence, but there is
no penalty for trafficking in wildlife or natural resources, such as rare plants and
fossils, or for possessing these goods for the purpose of trafficking. As far as poaching
is concerned, the Schedule to the National Parks Act contains a list of wildlife
species which, because of their vulnerability and relative rarity, are afforded special
protection in the national parks and reserves.
Under Bill C-70, these species
would be divided between 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 offences and to achieve 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) The new Act would create a new offence of
"trafficking" to combat the increasing tendency to large-scale targeting and
removal of natural resources in the national parks for the purpose of sale or barter. A
new provision relating to multiple offences would also be added. Finally, the new Act
would broaden the provisions of the existing Act relating to damage to the environment so
that they would cover not only cultural resources but also natural resources. This would
make it possible to recover the costs of repairing damage to both the natural environment
and to resources such as archaeological sites.
In short, Bill C-70 concerns the
following aspects of the creation and administration of national parks in Canada:
(a) provision of a procedure for
the future establishment of new national parks and the enlargement of existing ones;
(b) addition of several new
national parks and reserves and adjustment of the land descriptions of certain existing
parks;
(c) enhancement of protection for
wildlife and other park resources;
(d) provision for the
continuation of traditional resource harvesting activities in keeping with comprehensive
land claim agreements and federal-provincial agreements to establish parks;
(e) fixing of the boundaries of
communities in national parks and restriction of commercial development in those
communities;
(f) authorization of taxation of
land, buildings and improvements for the support of community facilities and services in
park communities;
(g) banning of the extension of
the Banff model of local government to the town of Jasper; and
(h) miscellaneous technical and
housekeeping amendments.
Finally, the bill would also make
it possible to standardize the legislation governing the national parks in keeping with
the proposed wording of Bill C-48 concerning marine conservation areas (now called marine
parks under the amendments made to the National Parks Act). Its proposals also take
into account those in the Parks Canada Agency Act, which received Royal Assent in
December 1998.
DESCRIPTION AND ANALYSIS
A. Short Title and Definitions (Clauses 1 and 2)
Clause 1 of the bill states that
the short title of the Act would be the National Parks Act (hereinafter the Act).
Clause 2 contains several definitions that would apply to the Act, some of which are
essentially reproduced from the existing National Parks Act. Others are
substantially amended or simply new additions.
First, "enforcement
officer" would mean a person designated under section 20 or belonging to a class of
persons so designated. This provision would empower the Minister of Canadian Heritage 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. The task
of these officers would be to ensure compliance with certain provisions of the Act and the
regulations applying to specific parks. To this end, they would enjoy the powers and
protection provided for peace officers, under the law within the meaning of the Criminal
Code.
Clause 2 specifically identifies
the seven communities located within the national parks, namely:
(a) the visitor centre of Field
in Yoho National Park;
(b) the town of Banff in Banff
National Park;
(c) the visitor centre of Lake
Louise in Banff National Park;
(d) the visitor centre of
Waterton in Waterton Lakes National Park;
(e) the town of Jasper in Jasper
National Park;
(f) the visitor centre of
Waskesiu in Prince Albert National Park; and
(g) the visitor centre of
Wasagaming in Riding Mountain National Park.
"Superintendent" would
mean an officer appointed under the Public Service Employment Act(7) who held the office of superintendent of a park or of
a national historic site to which the Act applied; the term would include any person
appointed under the Act who was authorized by such an officer to act on the officer’s
behalf. Note that under clause 51(1) of Bill C-70, the definition of
"superintendent" would be amended as follows: Public Service Employment Act would
be replaced with Parks Canada Agency Act; this change would take place on the
coming into force of section 55 of the Parks Canada Agency Act (chapter 31 of the
Statutes of Canada 1998) and the coming into force of section 47 of the new Act, whichever
was later. The powers of the superintendent would be defined in clause 16(3) of the bill.
"Park warden" would
mean a person designated under clause 19. This provision would empower the Minister
responsible for parks to designate as a park warden any person appointed under the Public
Service Employment Act whose duties included the enforcement of the Act. Park wardens
would ensure compliance with the Act and the regulations and would maintain public peace
in parks. To carry out these duties, they would be peace officers within the meaning of
the Criminal Code.(8)
The "Minister"
responsible for national parks would be the member of the Queen’s Privy Council for
Canada designated by the Governor in Council for the purposes of the Act.(9) "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(10) 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. Her Majesty and National Parks
(Clauses 3 to 7)
Clause 3 of the bill provides
that the Act would be binding on Her Majesty in right of Canada or a province, which means
that both the federal and the provincial Crowns would be subject to the Act. Clause 4(1)
essentially repeats and updates the wording of section 4 of the National Parks Act of
1930 and sets out the objectives of creating and dedicating national parks. It accordingly
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 be true, under clause
4(2), of park reserves where 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
procedure for establishing, enlarging and amending national parks and park reserves. In
future these protected lands would be created by order in council rather than by the
enactment of new legislation amending the Schedule to the National Parks Act. This
means that the Governor in Council could amend Schedule 1 to the Act by an order in
council adding the name and description of the park or park reserve or changing the
description, provided the Governor in Council was satisfied that Her Majesty in right of
Canada had clear title to or an unencumbered right of ownership in the lands and the
government of the province in which the lands was situated agreed to their use for this
purpose. Following the settlement of any land claim referred to in clause 4(2), the same
procedure would apply to any transfer to Schedule 1 of the description of a park reserve
appearing in Schedule 2. It should be noted that the Governor in Council could not amend
either Schedule 1 in order to reduce the area of a park, or Schedule 2 in order to remove
any portion of a park reserve (clauses 5(2) and 6(3)).
Clause 7 would require the
Governor in Council, before amending Schedules 1 and 2 under clauses 5 and 6, to table the
proposed amendment in each House of Parliament along with a report on the objectives and
the administration of the area or reserve in question. The proposal and the report would
be referred to the committee of each House that normally considers such matters or to any
other committee designated by the House (clause 7(1)). The committee could report its
disapproval of the amendment back to the House within 21 sitting days. Clauses 7(2) and
(3) prescribe the procedure for any debate on the report. If no report were made within
this time or if any report submitted were rejected, the amendment would be made (clause
7(4)). On the other hand, if either House passed a motion to disapprove it, 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 any 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 an agreement concluded under clause 36.
This provision would effectively make an exception for the town limits of Banff in Banff
National Park, to allow the Governor in Council to authorize the Minister to conclude an
agreement with the Government of Alberta for establishing an independent local government
body.
Under clause 10(1), it would be
possible for 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 for the supply of water (clause 10(2)). Finally, agreements concluded
with provincial ministers or agencies could authorize the use of public lands in a park
but could be terminated if the lands in question ceased to be used as authorized (clause
10(3)).
Within five years after a park
was established, the Minister would be required to establish -- and to review every five
years -- a management plan for the park, including provision for resource protection,
zoning and visitor use with a view to maintaining ecological integrity and protecting
natural resources. This plan and any subsequent amendments would have to be tabled in each
House of Parliament (clause 11).
Clause 12 provides that the
Minister would have to provide opportunities 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. Moreover, at least every two years,
the Minister would have to have tabled 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 real right or
interest in these lands except as permitted by the Act 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 by prohibiting all activities likely to impair its wilderness character.
The minister could, however, subject to any conditions he or she considered necessary,
authorize activities to be carried out in a wilderness area for purposes of: park
administration; public safety; the provision of basic user facilities including trails and
rudimentary campsites; carrying out any actions in accordance with regulations made under
clause 18 and covering traditional practices; or accessing remote parts of the 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 are used for the rights-of-way or which are required for any alteration to or
deviation from a right-of-way for other purposes (railways or railway stations, oil or gas
pipelines, telecommunication or electrical transmission lines, telecommunication, weather,
and other scientific monitoring stations). The public lands leased in this way or subject
to easements would continue to form part of the park and would revert to the Crown if they
ceased to be used for that purpose (clause 15(3)). The Minister would also retain the
power to terminate a lease, easement or licence of occupation of public lands in a park
and accept the relinquishment of a licence, easement or servitude (clause 15(2)). Finally,
under clause 15(4), Her Majesty in right of Canada could not expropriate real rights or
interests in lands for the purpose of establishing or enlarging a park.
E. National Parks Regulations (Clauses
16 to 18)
Clause 16(1) would authorize the
Governor in Council to make regulations concerning various aspects of the control and
management of the national parks. These regulations could concern:
- the preservation, control and management of parks,
including anything relating to buildings, roads, works and public services;
- the protection of flora, soil, waters, fossils,
natural features, air quality and cultural, historical and archaeological resources, as
well as the acquisition and transfer of prehistoric or historic objects or reproductions
of them 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 of activities and the control of
the use of park resources and facilities;
- public safety 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 and the
maximum amounts of fines provided for in clause 25(2);
- 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 peoples for traditional
spiritual and ceremonial purposes;
- the control of access to parks by air;
- the summary removal from a park of persons found
committing offences against certain provisions of the Act, the regulations or the Criminal
Code.
Clause 16(2) provides that the
establishment or use of any improvement referred to in paragraph 16(1)(j) would not
operate to withdraw lands from a park. Under clause 16(3), the superintendent of a park
could (a) vary any requirement of the regulations for purposes of public safety or the
conservation of natural resources in the park; (b) issue, amend, suspend and revoke
permits, licences and other authorizations relating to these subjects and to set their
terms and conditions; and (c) 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
Clause 17 lays down the rules
governing taxation and property tax that would be applicable to the lands in national
parks. Thus, the Governor in Council could make regulations to levy taxes on residents of
a park or on rights or interests in lands in a park to be applied to the cost of various
services and improvements (clause 17(1)(a) and (b)). Similarly, the Governor
in Council could also regulate the sale or forfeiture of lands and rights or interests in
lands for non-payment of taxes (clause 17(1)(c)), as well as the property tax
payable on lands in the communities and those subject to a lease or licence of occupation
(clause 17(2)). Clauses 17(3) and (4) would make it possible to set various conditions for
the application and collection of property taxes.
Clauses 18(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, Gros Morne National Parks and
any park established in the District of Thunder Bay, Ontario. This could also apply to any
park created on territory where the exercise of these activities was provided for in an
agreement on the establishment of the park between the Government of Canada and a
provincial government or where an agreement for the settlement of an Aboriginal land claim
provided for the exercise of traditional renewable resource harvesting or the removal of
stone for carving purposes. Regulations could be made pursuant to clauses 18(1) and (2).
The regulations could prohibit the use of renewable resources taken from parks for
purposes other than the exercise of these traditional activities (clause 18((3)(c));
close areas of the park to traditional harvesting of renewable resources (clause 18((3)(f)(i));
establish limits on the renewable resources that could be harvested in any period or vary
any such limits established by the regulations (clause 18(3)(f)(ii)) for purposes
of conservation; and prohibit or restrict the use of equipment in the park for the purpose
of protecting natural resources (clause 18(3)(f)(iii)). It would still be possible
for the superintendent of a national park to vary the requirements of the regulations made
under this section in the circumstances described and to the extent they provided for
purposes of public safety or the conservation of natural resources in the park (clause
18(5)).
F. Enforcement of the Act
(Clauses 19 to 24)
Clauses 19 to 24 include the
provisions governing the designation of park wardens and their duties in enforcing the
Act. The designation of park wardens (clause 19) and enforcement officers (clause 20)
was considered earlier under Section "A. Short Title and Definitions." Clause 21
describes the oath that would be sworn by wardens and enforcement officers and the
certificate of designation specifying the provisions of the Act or regulations that the
enforcement officer would have the power to enforce, as well as the parks in which this
power would apply.
The powers of park wardens and
enforcement officers are set out in clauses 22 to 24; they would be able to:
- arrest without warrant, in accordance with and
subject to the Criminal Code, any person whom they found committing an offence
under section 27 of the Act or any other Act in a park (clause 22);
- enter and search and open and examine any package
or receptacle in accordance with a warrant at any time during the day or night and seize
any thing (clause 23(1)(a)) in relation to which an offence under the Act or
regulations had been committed or that would afford evidence with respect to the
commission of such an offence, to the extent that this was authorized by the justice of
the peace by warrant (clause 23(2)).
A warrant by a warden or an
enforcement officer could conduct a search without warrant where by reason of exigent
circumstances, it would not be practical to obtain one and subject to any conditions
specified in the warrant (clause 23(3)).
Clause 24 prescribes the
conditions that would apply to the custody of the things seized. Clauses 29 and 30 would
supplement these conditions for their forfeiture, restoration, retention or sale and
disposal by the Minister.
G. Offences and Punishment (Clauses 25
to 32)
Clauses 25 to 32 govern offences
and punishment. First, clause 25 would mean that any person who breached clause 13
(disposal or use of public lands), clause 33(1) (clean-up of pollution following a spill
or discharge of a pollutant), 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.
Any trafficking in wildlife, eggs, embryos, plant or other naturally occurring object as
defined in clause 26(3) could result in a fine not exceeding $10,000 (clause 26). An act
of poaching or trafficking in a species referred to in Part 1 of Schedule 3 could result
in a fine not exceeding $150,000 or to imprisonment for a term not exceeding six months or
to both, on summary conviction and a fine not exceeding $150,000 and imprisonment for not
more than five years, following conviction on indictment (clauses 27(1) and (2)). In the
case of a species referred to 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 27(4).
Clause 27(5) defines what is
meant by the terms "wildlife," "hunt" and "possess" while
clause 27(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 28, fines could be cumulative
and offences involving more than one species could constitute separate offences for each
species while offences taking place on more than one day could constitute separate
offences for each day. In addition, the court could make an order imposing certain duties,
for example prohibiting the person from engaging in certain activities or directing the
person to repair the damage caused, compensate the Minister and so on (clause 31(1)).
H. Mitigation of Damage to the
Environment and Communities (Clauses 33 to 35)
Clause 33 would impose certain
duties in cases involving a spill or discharge of a substance that harmed the environment.
A person responsible for the substance or who spilt or discharged it, or who had
contributed to the spill or discharge, would be required to take appropriate measures to
prevent or mitigate the damage or the risk that might arise for the environment (clause
33(1)). The park superintendent and, failing this person, the Minister, could order the
person responsible to take measures if he or she had failed to do so (clause 33(2)). If
the person responsible failed to obey, the Minister could direct such measures to be taken
on behalf of Her Majesty in right of Canada and the expenses recovered from the person
responsible in appropriate proceedings (clause 33(3)).
Under clause 34, a community plan
consistent with the management plan for the park and respecting the environment should be
developed for each community identified in clause 2 and tabled in both Houses of
Parliament. Furthermore, the community plan or zoning by-laws should include a description
of the lands comprising the park community and the lands comprising the commercial zones
and include 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 Act but any subsequent amendment would be subject
to the procedure for establishing and changing parks in clause 7 (clause 35).
I. Provisions for Particular Parks
and Park Reserves (Clauses 36 to 42)
Clauses 36 to 39 would apply to
particular parks or to some of their components. Clause 36, which deals with the
establishment of a local government body for the town of Banff, has been discussed above,
in connection with clause 8. Clause 37(1) would have the effect of limiting the operation
of commercial ski facilities to those set out in Schedule 5, in this instance the areas of
Lake Louise and Mount Norquay (Banff Park), Marmot Basin (Jasper Park) and Agassiz
Mountain (Riding Mountain Park). However, the Governor in Council could by order in
council authorize the construction of ski areas in Banff National Park in a location near
Sunshine Village, by adding a description of this area to Schedule 5; however, this
Schedule could not be amended otherwise by the Governor in Council (clause 37(2)).
Clause 38 specifically concerns
traditional activities of hunting, fishing and trapping by the Cree of Chipewyan in Wood
Buffalo National Park. It would allow for the creation of a wildlife advisory board and
the making of regulations and would define the traditional hunting grounds. Finally, under
clause 39, 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 any lands
that might be required for purposes of land entitlement.
Clause 40 confirms that the Act
would apply to park reserves as if they were national parks, bearing in mind the
traditional Aboriginal harvesting of renewable resources (clause 41). The Governor in
Council would be able to 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, including the pursuit of traditional activities and the addition of
new lands to Schedule 2, without considering the procedure in clause 7 (clause 42).
J. National Historic Sites (Clause 43)
Clause 43 would allow the
Governor in Council to designate any land belonging to 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 is of national importance. The Governor in Council could make any changes
considered appropriate in areas set apart and, by order in council, extend the application
of 8, 12, 16 and 18 to 33 to these national historic sites and, except with respect to
zoning, clauses 11(1) and (2) of the Act.
K. Repeals, Consequential Amendments and Conditional
Amendments (Clauses 44 to 52)
Clauses 44 to 47 of Bill C-70
would have the effect of repealing the Act to amend the National Parks Act,(12) the Act to establish a National Park on
the Mingan Archipelago,(13) the Act to
amend the National Parks Act and to amend An Act to amend the National Parks Act(14) and the National Parks Act.(15) Section 8 of the Schedule to the Contraventions
Act(16) and the heading before it
(clause 48) as well as section 9 of Schedule III of An Act to amend the
Financial Administration Act and other Acts in consequence thereof (17) and the heading before it (clause 49) would also be
repealed. Finally, clause 50 would amend the definition of "national historic
site" and "national park" in section 2 of the Parks Canada Agency Act(18) to bring them into line with the Act.
Clauses 51 and 52 of the bill
refer to a series of amendments that would be conditional on the coming into force of the Parks
Canada Agency Act when Bill C-48, relating to marine conservation areas, and Bill C-70
received Royal Assent. These amendments would apply essentially to the definitions of
"superintendent," "park," and "reserve," and the designation
of wardens and enforcement officers with a view to standardizing the provisions relating
to national parks, historic sites and marine conservation areas in light of the functions
of the new Parks Canada Agency.
L. Coming into Force (Clause 53) and Schedules
On receiving Royal Assent, the National
Parks Act 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
(clause 53).
It is also important to note that
Bill C-70 includes five schedules, each of which deals with a separate aspect of the
national parks system or its administration. The schedules are as follows:
Schedule
1: Description of the boundaries of national parks (clauses 2, 5, 6, 7 and 39)
Schedule
2: Description of the boundaries of national park reserves (clauses 2, 6, 7 and
42)
Schedule 3: List
of protected species in national parks (clause 27)
Schedule 4: List
of communities in national parks (clauses 34 and 35)
Schedule 5: Description
of commercial ski areas (clause 37)
COMMENTARY
Bill C-70 would help to update
the legislation relating to national parks, something necessitated by the many amendments
to the National Parks Act since it was first passed in 1930, to reflect changes in
the concept of a national park and the enlargement of the Canadian system of protected
spaces. Parliament has put forward a bill that should make it easier to create new
national parks and to ensure that existing parks and any that are created in the future
will be conserved and developed for all Canadians.
In several respects, the bill
would provide continuity for the National Parks Act of 1930 and subsequent
amendments. Thus, 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-70 follows this pattern, and, using more modern wording,
repeats the actual essence of the present section 4. Thus the Act would continue to
reflect the dual objectives of national parks: to protect in perpetuity sites that are
representative of Canadian heritage and to permit the people of Canada to enjoy them.
Although this dual objective seems contradictory to some people, the standards set out in
Bill C-70 for the creation and administration of national parks should ensure that these
goals are reconciled. We need only point out the provisions for the protection of fauna
and flora in the parks and their environment generally, as well as the measures to control
commercial development in the communities in the parks. Also, Bill C-70 would facilitate
the creation of new parks, since in future this would require only an order in council
amending the Act. The procedure for review by Parliament and the appropriate parliamentary
committees would continue to apply.
The updating of the National
Parks Act, combined with the tabling in the House of Commons of Bill C-48 concerning
marine conservation areas and the establishment of the new Parks Canada Agency, should
give the government of Canada the tools it requires to preserve and protect exceptional
heritage sites in Canada. In fact, the government has maintained its objective of
supplementing the national system of protected spaces in light of the new millennium.
To date, Bill C-70 has not given
rise to any particular responses.
(1) R.S.C. (1985), ch. N-140.
(2) Canadian Heritage, "National Parks Legislation
Tabled," Press Release and backgrounders, Ottawa, March 16, 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) ch.
11 and An Act to amend the National Parks Act and to amendment an Act to amend the
National Parks Act (1988), ch. 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), ch. P-33.
(8) R.S.C. (1985), ch. C-46.
(9) It is interesting to see that the present Act, like Bill
C-48 on marine conservation areas, specifically refers to the Minister of Canadian
Heritage.
(10) It should be noted that the term "marine park"
would be changed by Bill C-48 on marine conservation areas.
(11) The French version of the bill refers to "plans
directeurs" in clause 11 and "plans de gestion" here; the English version
uses "management plans" in both cases.
(12) S.C. 1974, c. 11.
(13) S.C. 1984, c. 34.
(14) S.C. 1988, c. 48.
(15) R.S.C. (1985), c. N-14.
(16) S.C. 1992, c. 47.
(17) S.C. (1991), ch. 24.
(18) S.C. (1998), ch. 31.
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