Canada National Marine Conservation Areas Act

Link to law: http://laws-lois.justice.gc.ca/eng/AnnualStatutes/2002_18/FullText.html

Canada National Marine Conservation Areas Act

S.C. 2002, c. 18

Assented to 2002-06-13

An Act respecting the national marine conservation areas of Canada

SUMMARY

This enactment provides authority for the establishment of national marine conservation areas, with the objective of protecting and conserving a variety of aquatic environments. The addition of each new marine conservation area will be subject to parliamentary approval. The enactment confers a range of regulatory powers for the protection of living and non-living marine resources and their management and use in a sustainable manner.

Preamble

Whereas the protection of natural, self-regulating marine ecosystems is important for the maintenance of biological diversity;

Whereas the Government of Canada is committed to adopting the precautionary principle in the conservation and management of the marine environment so that, where there are threats of environmental damage, lack of scientific certainty is not used as a reason for postponing preventive measures;

And whereas Parliament wishes to affirm the need to

establish a system of marine conservation areas that are representative of the Atlantic, Arctic and Pacific Oceans and the Great Lakes and are of sufficient extent and such configuration as to maintain healthy marine ecosystems,

ensure that Canada contributes to international efforts for the establishment of a worldwide network of representative marine protected areas,

consider implications for ecosystems in the planning and management of marine conservation areas so established,

provide opportunities for the people of Canada and of the world to appreciate and enjoy Canada’s natural and cultural marine heritage,

recognize that the marine environment is fundamental to the social, cultural and economic well-being of people living in coastal communities,

provide opportunities, through the zoning of marine conservation areas, for the ecologically sustainable use of marine resources for the lasting benefit of coastal communities,

promote an understanding of the marine environment and provide opportunities for research and monitoring,

consider traditional ecological knowledge in the planning and management of marine conservation areas, and

involve federal and provincial ministers and agencies, affected coastal communities, aboriginal organizations, aboriginal governments, bodies established under land claims agreements and other appropriate persons and bodies in the effort to establish and maintain the representative system of marine conservation areas;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Canada National Marine Conservation Areas Act.

INTERPRETATION

Marginal note:Definitions

2. (1) The definitions in this subsection apply in this Act.

“disposal”

« immersion »

“disposal” has the same meaning as in section 122 of the Canadian Environmental Protection Act, 1999, read without reference to the sea.

“ecosystem”

« écosystème »

“ecosystem” means a dynamic complex of animal, plant and microorganism communities and their non-living environment interacting as a functional unit.

“enforcement officer”

« agent de l’autorité »

“enforcement officer” means a person designated under section 19 or belonging to a class of persons so designated.

“fishing”

« pêche »

“fishing” has the meaning given to that expression in the Fisheries Act.

“marine conservation area”

« aire marine de conservation »

“marine conservation area” means a national marine conservation area of Canada named and described in Schedule 1.

“marine conservation area warden”

« garde d’aire marine de conservation »

“marine conservation area warden” means a person designated under section 18.

“Minister”

« ministre »

“Minister” means the Minister of Canadian Heritage.

“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 subject to the terms of any agreement between the Government of Canada and the government of a province.

“reserve”

« réserve »

“reserve” means a national marine conservation area reserve of Canada named and described in Schedule 2.

“superintendent”

« directeur »

“superintendent” means a person appointed under the Parks Canada Agency Act who holds the office of superintendent of a marine conservation area, and includes any other person appointed under that Act who is authorized by that person to act on that person’s behalf.

“waste or other matter”

« déchets ou autres matières »

“waste or other matter” means waste or other matter listed in Schedule 5 to the Canadian Environmental Protection Act, 1999.

Marginal note: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.

Marginal note:Exclusive economic zone

(3) The establishment of a marine conservation area within the exclusive economic zone of Canada does not constitute a claim to any rights, jurisdiction or duties beyond those set out in section 14 of the Oceans Act.

Marginal note:Application of Act to reserves

(4) This Act applies to a reserve as if it were a marine conservation area.

HER MAJESTY

Marginal note:Binding on Her Majesty

3. This Act is binding on Her Majesty in right of Canada or of a province.

MARINE CONSERVATION AREAS

Marginal note:Purpose

4. (1) Marine conservation areas are established in accordance with this Act for the purpose of protecting and conserving representative marine areas for the benefit, education and enjoyment of the people of Canada and the world.

Marginal note:Purpose of reserves

(2) 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 marine conservation area is subject to a claim in respect of aboriginal rights that has been accepted for negotiation by the Government of Canada.

Marginal note:Management and use

(3) Marine conservation areas shall be managed and used in a sustainable manner that meets the needs of present and future generations without compromising the structure and function of the ecosystems, including the submerged lands and water column, with which they are associated.

Marginal note:Zones

(4) Each marine conservation area shall be divided into zones, which must include at least one zone that fosters and encourages ecologically sustainable use of marine resources and at least one zone that fully protects special features or sensitive elements of ecosystems, and may include other types of zones.

Marginal note:Establishment or enlargement

5. (1) Subject to section 7, for the purpose of establishing or enlarging a marine conservation area, consisting of submerged lands and waters within the internal waters, territorial sea or exclusive economic zone of Canada and any coastal lands or islands within Canada, the Governor in Council may, by order, amend Schedule 1 by adding the name and a description of the area or by altering the description of the area.

Marginal note:Title to lands

(2) An amendment to Schedule 1 under this section or subsection 6(2) may be made only if

(a) 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 marine conservation area, other than such lands situated within the exclusive economic zone of Canada;

(b) in a case where Her Majesty in right of a province had the administration and control of any of the lands to be included in the marine conservation area, the government of the province agreed to the use of those lands as a marine conservation area and transferred their administration and control to Her Majesty in right of Canada for that purpose; and

(c) the requirements of any applicable land claim agreement respecting the establishment of the marine conservation area have been fulfilled.

Marginal note:Judicial finding as to title

(3) If a court of competent jurisdiction finds that Her Majesty in right of Canada does not have clear title to or an unencumbered right of ownership in lands within a marine conservation area, the Governor in Council may, by order, amend Schedule 1 by removing the name and description of the area or by altering the description of the area.

Marginal note:No reduction of area

(4) Except as provided by subsection (3), no amendment may be made by the Governor in Council to Schedule 1 for the purpose of removing any portion of a marine conservation area.

Marginal note:Establishment or enlargement of reserves

6. (1) Subject to section 7, for the purpose of establishing or enlarging a reserve, consisting of submerged lands and waters within the internal waters or territorial sea of Canada and any coastal lands or islands within Canada, the Governor in Council may, by order, amend Schedule 2 by adding the name and a description of the reserve or by altering the description of the reserve.

Marginal note:Reserve becoming marine conservation area

(2) Where a claim described 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 reserve or by altering the description of the reserve; and

(b) if the settlement provides that the reserve or part of it is to become a marine conservation area or part of one, amend Schedule 1 by adding the name and a description of the area or by altering the description of the area.

Marginal note:Judicial finding as to title

(3) If a court of competent jurisdiction finds that Her Majesty in right of Canada does not have clear title to or an unencumbered right of ownership in lands within a reserve, the Governor in Council may, by order, amend Schedule 2 by removing the name and description of the reserve or by altering the description of the reserve.

Marginal note:No reduction of 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 reserve.

Marginal note:Amendment to be tabled in Parliament

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 laid before each House of Parliament together with a report on the proposed marine conservation area or reserve, which report shall include

(a) information on consultations undertaken, including a list of the names of organizations and persons consulted, the dates of the consultation and a summary of their comments,

(b) any agreements reached respecting the establishment of the area or reserve,

(c) the results of any assessments of mineral and energy resources undertaken, and

(d) an interim management plan that sets out management objectives and a zoning plan,

and an amendment so laid stands referred to the standing committee of each House that normally considers matters relating to marine conservation areas or to such other committee as that House may designate for the purposes of this section.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note:Management by Minister

8. (1) The Minister is responsible for the administration, management and control of marine conservation areas in relation to matters not assigned by law to any other Minister of the Crown.

Marginal note:Administration of lands

(2) The Minister has the administration of public lands in marine conservation areas.

Marginal note:Facilities and research

(3) The Minister may maintain and operate facilities and carry out operations and activities to achieve the purposes of this Act, and may conduct scientific research and monitoring and carry out studies based on traditional ecological knowledge, including traditional aboriginal ecological knowledge, in relation to marine conservation areas.

Marginal note:Agreements

(4) The Minister may enter into agreements with other 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.

Marginal note:Management plans

9. (1) The Minister shall, within five years after a marine conservation area is established, in consultation with relevant federal and provincial ministers and agencies, with affected coastal communities, aboriginal organizations, aboriginal governments and bodies established under land claims agreements, and with other persons and bodies that the Minister considers appropriate, prepare a management plan for the marine conservation area that includes a long-term ecological vision for the marine conservation area and provision for ecosystem protection, human use, zoning, public awareness and performance evaluation, which shall be tabled in each House of Parliament.

Marginal note:Review of management plans by Minister

(2) The Minister shall review the management plan of a marine conservation area at least every five years, and any amendments to the plan shall be tabled with the plan in each House of Parliament.

Marginal note:Primary considerations

(3) In order to protect marine ecosystems and maintain marine biodiversity, the primary considerations in the development and modification of management plans and interim management plans shall be principles of ecosystem management and the precautionary principle.

Marginal note:Minister of Fisheries and Oceans

(4) Provisions of a management plan or interim management plan respecting fishing, aquaculture, fisheries management, marine navigation and marine safety are subject to agreement between the Minister and the Minister of Fisheries and Oceans.

Marginal note:Land claims agreements

(5) If a marine conservation area includes an area that is the subject of a land claims agreement, the management plan or interim management plan for the marine conservation area and any amendments to it shall be prepared in a manner consistent with any applicable provisions of the agreement.

Marginal note:Consultation

10. (1) The Minister shall consult with relevant federal and provincial ministers and agencies, with affected coastal communities, aboriginal organizations, aboriginal governments and bodies established under land claims agreements, and with other persons and bodies that the Minister considers appropriate in the development of marine conservation area policy and regulations, the establishment of any proposed marine conservation area and the modification of any marine conservation area, and any other matters that the Minister considers appropriate.

Marginal note:Progress reports

(2) At least every two years, the Minister shall cause to be tabled in each House of Parliament a report on the state of marine conservation areas and on progress towards completion of a representative system of marine conservation areas.

Marginal note:Area advisory committees

11. (1) The Minister shall, for each marine conservation area, establish a management advisory committee to advise the Minister on the formulation, review and implementation of the management plan for the area.

Marginal note:Other advisory committees

(2) The Minister may establish other advisory committees to review and evaluate any aspect of marine conservation area policy or administration.

Marginal note:Composition

(3) The Minister shall consult with relevant federal and provincial ministers and agencies, with affected coastal communities, aboriginal organizations, aboriginal governments and bodies established under land claims agreements, and with other persons and bodies that the Minister considers appropriate with respect to the composition of advisory committees.

PROHIBITIONS

Marginal note:No disposition or use without authority

12. Except as permitted by this Act or the regulations,

(a) no interest in public lands in a marine conservation area may be disposed of; and

(b) no person shall use or occupy public lands in a marine conservation area.

Marginal note:Exploration and exploitation

13. No person shall explore for or exploit hydrocarbons, minerals, aggregates or any other inorganic matter within a marine conservation area.

Marginal note:Disposal of substances

14. (1) No person shall dispose of any substance in waters within a marine conservation area except as authorized by a permit issued by a superintendent pursuant to this Act or, in the case of waters to which subsection 125(1) of the Canadian Environmental Protection Act, 1999 applies, authorized by section 130 of that Act or by a permit issued by the Minister of the Environment pursuant to section 127 or 128 of that Act.

Marginal note:Permits under CEPA, 1999

(2) No permit may be issued under section 127 or 128 of the Canadian Environmental Protection Act, 1999 for disposal in the waters of a marine conservation area except with the concurrence of the Minister.

Marginal note:Permits and authorizations

15. (1) To the extent authorized by the regulations, the superintendent of a marine conservation area may issue, amend, suspend and revoke permits and other authorizing instruments for activities that are consistent with the management plan or interim management plan in the marine conservation area.

Marginal note:Fishing licences

(2) A fishing licence issued under the Fisheries Act is deemed to be a permit issued under this Act to carry out the activities permitted by the licence, subject to regulations made under subsection 16(1) on the recommendation of the Minister and the Minister of Fisheries and Oceans.

Marginal note:Superintendent may not amend

(3) For greater certainty, the superintendent of a marine conservation area may not amend, suspend or revoke a fishing licence issued under the Fisheries Act.

REGULATIONS

Marginal note:Regulations

16. (1) The Governor in Council may make regulations, consistent with international law, for the control and management of any or all marine conservation areas, including regulations

(a) for the protection of ecosystems and the elements of ecosystems;

(b) for the protection of cultural, historical and archaeological resources;

(c) for the management and control of renewable resource harvesting activities;

(d) respecting the delimitation of zones within marine conservation areas;

(e) restricting or prohibiting activities or regulating the use of facilities in marine conservation areas or in any zones;

(f) respecting the issuance, amendment, suspension and revocation of permits and other authorizing instruments pursuant to section 15, including the number of persons who may hold any class of permits or other instruments and the authority of superintendents to impose conditions on holders of permits or other instruments;

(g) respecting the determination of fees, rates, rents and other charges for the use of resources, facilities and services and the issuance and amendment of permits and other authorizing instruments;

(h) authorizing the granting, and the surrender or relinquishment, of leases, licences, easements or servitudes, of or over public lands in marine conservation areas for uses compatible with section 4;

(i) respecting the safety of the public;

(j) for the control of the flight of aircraft to prevent danger or disturbances to wildlife and wildlife habitat, and respecting the takeoff, landing and taxiing of aircraft;

(k) for the control of scientific research activities;

(l) authorizing the disposal of waste or other matter by persons holding permits for that purpose, in the manner and to the extent specified in the regulations, in waters of a marine conservation area to which subsection 125(1) of the Canadian Environmental Protection Act, 1999 does not apply; and

(m) exercising, in relation to marine conservation areas, any of the powers to make regulations conferred on the Governor in Council by the Canada National Parks Act.

Marginal note:Search and rescue operations

(1.1) Regulations made under this section do not apply in respect of search and rescue operations carried out by any federal authority.

Marginal note:Fisheries, aquaculture and marine matters

(2) Regulations under this section respecting fisheries management and conservation or that restrict or prohibit fishing or aquaculture, marine navigation or activities related to marine safety may be made only on the recommendation of the Minister and the Minister of Fisheries and Oceans.

Marginal note:Marine matters

(3) Regulations under this section that restrict or prohibit marine navigation or activities related to marine safety, to the extent that such regulations can be made on the recommendation of the Minister of Transport under the Canada Shipping Act or the Arctic Waters Pollution Prevention Act, may only be made on the recommendation of the Minister and the Minister of Transport.

Marginal note:Air navigation

(4) Regulations under paragraph (1)(j) that restrict or prohibit air navigation may be made only on the recommendation of the Minister and the Minister of Transport.

Marginal note:Conflicts

(5) Regulations referred to in subsection (2), (3) or (4) prevail over regulations made under the Fisheries Act, the Coastal Fisheries Protection Act, the Canada Shipping Act, the Arctic Waters Pollution Prevention Act, the Navigable Waters Protection Act or the Aeronautics Act to the extent of any conflict between them.

Marginal note:Exemption of ship and air movements and activities

17. The Governor in Council may, by regulation, exempt from any regulation made under section 16 or from any provision thereof, subject to any conditions that the Governor in Council considers appropriate, movements or activities of a ship or aircraft, or of a class of ships or aircraft, owned by or operated by or on behalf of Her Majesty in right of Canada, or owned or operated by Her Majesty in right of a province or by a foreign state, if so recommended by the Minister and any other minister of the Crown having responsibility in relation to the movement or activity and if the Governor in Council is satisfied that the exemption is necessary

(a) in the interests of Canadian sovereignty or security; or

(b) for the conduct of any maritime activity by Canada, a province or a foreign state that is consistent with the purposes of this Act.

ENFORCEMENT

Marginal note:Designation of marine conservation area wardens

18. The Minister may designate persons appointed under the Parks Canada Agency Act whose duties include the enforcement of this Act to be marine conservation area wardens

(a) for the enforcement of this Act and the regulations in any part of Canada or the exclusive economic zone of Canada, and

(b) for the preservation and maintenance of the public peace in marine conservation areas, except in any portion of them situated within the exclusive economic zone of Canada,

and marine conservation area wardens are, for those purposes, peace officers within the meaning of the Criminal Code.

Marginal note:Designation of enforcement officers

19. The Minister may designate persons or classes of persons employed in the public service of Canada or by a provincial, municipal or local authority or an aboriginal government, whose duties include law enforcement, to be enforcement officers for the purpose of the enforcement of specified provisions of this Act or the regulations in specified marine conservation areas, and for that purpose enforcement officers have the powers and are entitled to the protection provided by law to peace officers within the meaning of the Criminal Code.

Marginal note:Certificate of designation and oath

20. (1) Every marine conservation area warden and enforcement officer shall be provided with a certificate of designation in a form approved by the Minister and shall take and subscribe an oath prescribed by the Minister.

Marginal note:Limitation of powers

(2) A certificate of designation provided to an enforcement officer shall specify the provisions of this Act or the regulations that the enforcement officer has the power to enforce and the marine conservation areas in which that power applies.

Marginal note:Crossing private property

(3) In the discharge of their duties, marine conservation area wardens, enforcement officers and persons accompanying them may enter on and pass through or over private property.

Marginal note:Arrest by warden or officer

21. (1) A marine conservation area warden or enforcement officer may, in accordance with and subject to the Criminal Code, arrest without warrant any person whom the warden or officer finds committing an offence under this Act or who, on reasonable grounds, the warden or officer believes has committed or is about to commit an offence under this Act.

Marginal note:Arrest by warden

(2) A marine conservation area warden may, in accordance with and subject to the Criminal Code, arrest without warrant any person whom the warden finds committing an offence under any other Act in a marine conservation area, except in any portion of it situated within the exclusive economic zone of Canada.

Marginal note:Search and seizure

22. (1) A marine conservation area warden or enforcement officer may

(a) enter and search any place and open and examine any package or receptacle in accordance with a warrant issued under subsection (2) at any time during the day or, if so specified in the warrant, during the night; and

(b) seize any thing that the warden or officer believes on reasonable grounds is a thing described in subsection (2).

Marginal note:Authority to issue warrant

(2) If a justice of the peace, on ex parte application, is satisfied by information on oath that there are reasonable grounds to believe that there is in any place, including any building, boat or other conveyance, or in any package or receptacle,

(a) any thing in relation to which there are reasonable grounds to believe an offence under this Act or the regulations has been committed, or

(b) any thing that there are reasonable grounds to believe will afford evidence with respect to the commission of such an offence,

the justice of the peace may issue a warrant authorizing a marine conservation area warden or enforcement officer named in the warrant to enter and search the place or to open and examine the package or receptacle, subject to any conditions specified in the warrant.

Marginal note:Where warrant not necessary

(3) A marine conservation area warden or enforcement officer may exercise any powers under subsection (1) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be practical to obtain one.

Marginal note:Custody of things seized

23. (1) Subject to subsections (2) and (3) and sections 25 and 26, where a marine conservation area warden or enforcement officer seizes a thing under this Act or under a warrant issued pursuant to the Criminal Code,

(a) sections 489.1 and 490 of the Criminal Code apply; and

(b) the warden or officer, or any person that the warden or officer may designate, shall retain custody of the thing subject to any order made under section 490 of the Criminal Code.

Marginal note:Forfeiture where ownership not ascertainable

(2) If the lawful ownership of or entitlement to a seized thing cannot be ascertained within 30 days after its seizure, the thing, or any proceeds of its disposition, are forfeited to Her Majesty in right of Canada, if the thing was seized by a marine conservation area warden or enforcement officer employed in the public service of Canada, or to Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by a provincial, municipal or local authority or an aboriginal government.

Marginal note:Perishable things

(3) Where a seized thing is perishable, the marine conservation area warden or enforcement officer may dispose of it or destroy it, and any proceeds of its disposition shall be paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within 90 days after its seizure, or shall be retained by the warden or officer pending the outcome of those proceedings.

OFFENCES AND PUNISHMENT

Marginal note:Contravention of Act or regulations

24. (1) Every person who contravenes a provision of this Act or the regulations, or a condition of a permit or other authorizing instrument issued pursuant to the regulations, is

(a) guilty of an offence punishable on summary conviction and liable to a fine not exceeding $100,000; or

(b) guilty of an indictable offence and liable to a fine not exceeding $500,000.

Marginal note:Continuing offences

(2) If a contravention of this Act or the regulations is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.

Marginal note:Injunction

(3) Whether or not proceedings have been commenced with respect to an offence under this Act, Her Majesty in right of Canada may undertake or continue proceedings to prevent conduct that constitutes such an offence.

Marginal note:Forfeiture of things seized

25. (1) When a person is convicted of an offence under this Act, the convicting court may, in addition to any punishment imposed, order that any seized thing by means of or in relation to which the offence was committed, or any proceeds of its disposition, be forfeited to Her Majesty in right of Canada.

Marginal note:Return where no forfeiture ordered

(2) If the convicting court does not order the forfeiture, a seized thing or the proceeds of its disposition shall be returned to its lawful owner or the person lawfully entitled to it.

Marginal note:Retention or sale

(3) If a fine is imposed on a person convicted of an offence under this Act, any seized thing or any proceeds of its disposition may be retained until the fine is paid or the thing may be sold in satisfaction of the fine and the proceeds applied, in whole or in part, in payment of the fine.

Marginal note:Disposition by Minister

26. Any seized thing that has been forfeited under this Act to Her Majesty in right of Canada or abandoned by its owner may be dealt with and disposed of as the Minister may direct.

Marginal note:Orders of court

27. (1) When a person is convicted of an offence under this Act, the court may, in addition to any punishment imposed and having regard to the nature of the offence and the circumstances surrounding its commission, make an order

(a) prohibiting the person from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

(b) directing the person to take any action the court considers appropriate to remedy or avoid any harm to any element of the ecosystems of a marine conservation area that resulted or may result from the commission of the offence;

(c) directing the person to pay the Minister an amount of money as compensation, in whole or in part, for the cost of any remedial or preventive action taken by or caused to be taken on behalf of the Minister as a result of the commission of the offence;

(d) directing the person to post a bond or pay into court an amount of money the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement mentioned in this section; or

(e) requiring the person to comply with any other conditions that the court considers appropriate.

Marginal note:Suspended sentence

(2) Where a person is convicted of an offence under this Act and the court suspends the passing of sentence under paragraph 731(1)(a) of the Criminal Code, the court may, in addition to any probation order made under that paragraph, make an order referred to in subsection (1).

Marginal note:Imposition of sentence

(3) If the person does not comply with the order or is convicted of another offence, the court may, within three years after the order was made, on the application of the prosecution, impose any sentence that could have been imposed if the passing of sentence had not been suspended.

Marginal note:Limitation or prescription

28. (1) Proceedings by way of summary conviction may be commenced not later than two years after the day on which the subject-matter of the proceedings becomes known to the Minister.

Marginal note:Minister’s certificate

(2) A document purporting to have been issued by the Minister, certifying the day on which the subject-matter of any proceedings became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence of the matters asserted in it.

MITIGATION OF ENVIRONMENTAL DAMAGE

Marginal note:Pollution clean-up

29. (1) Where a substance that is capable of degrading the environment or injuring any animal, fish or plant is discharged or deposited within a marine conservation area, any person who has charge, management or control of the substance or who causes or contributes to the discharge or deposit shall take reasonable measures to prevent or mitigate such degradation or injury.

Marginal note:Powers of Minister

(2) If the Minister is of the opinion that a person is not taking measures required by subsection (1), the Minister shall direct the person to take those measures and, if the person fails to do so, the Minister may direct those measures to be taken on behalf of Her Majesty in right of Canada.

Marginal note:Expenses of clean-up

(3) A person who fails to comply with a direction given by the Minister under subsection (2) is liable for the expenses reasonably incurred by Her Majesty in right of Canada in taking the measures directed and those expenses may be recovered from that person, with costs, in proceedings brought in the name of Her Majesty in any court of competent jurisdiction.

Marginal note:Exception

(4) No measures may be directed to be taken under subsection (2) to prevent or mitigate any degradation or injury if action may be taken under the Canada Shipping Act, the Arctic Waters Pollution Prevention Act or the Canadian Environmental Protection Act, 1999, to prevent or mitigate the same degradation or injury.

CONSEQUENTIAL AMENDMENTS

2000, c. 32Canada National Parks Act

30. The definitions “park” and “park reserve” in subsection 2(1) of the Canada National Parks Act are replaced by the following:

“park”

« parc »

“park” means a national park of Canada named and described in Schedule 1.

“park reserve”

« réserve »

“park reserve” means a national park reserve of Canada named and described in Schedule 2.

31. Subsection 4(2) of the Act is replaced by the following:

Marginal note:Purpose of reserves

(2) Park reserves are established in accordance with this Act for the purpose referred to in subsection (1) where an area or a portion of an area proposed for a park is subject to a claim in respect of aboriginal rights that has been accepted for negotiation by the Government of Canada.

31.1 Subsection 5(2) of the Act is replaced by the following:

Marginal note:Judicial finding as to title

(2) If a court of competent jurisdiction finds that Her Majesty in right of Canada does not have clear title to or an unencumbered right of ownership in lands within a park, the Governor in Council may, by order, amend Schedule 1 by removing the name and description of the park or by altering that description.

Marginal note:No reduction of park area

(3) Except as provided by subsection (2), no amendment may be made by the Governor in Council to Schedule 1 for the purpose of removing any portion of a park.

31.2 (1) The portion of subsection 6(2) of the Act before paragraph (a) is replaced by the following:

Marginal note:Reserve lands becoming park

(2) Where a claim referred to in subsection 4(2) is settled, the Governor in Council may, by order,

(2) Subsection 6(3) of the Act is replaced by the following:

Marginal note:Judicial finding as to title

(3) If a court of competent jurisdiction finds that Her Majesty in right of Canada does not have clear title to or an unencumbered right of ownership in lands within a park reserve, the Governor in Council may, by order, amend Schedule 2 by removing the name and description of the reserve or by altering that description.

Marginal note:No reduction of reserve area

(4) Except as provided by subsections (2) and (3), no amendment may be made by the Governor in Council to Schedule 2 for the purpose of removing any portion of a park reserve.

31.3 Section 19 of the Act is replaced by the following:

Marginal note:Designation of enforcement officers

19. The Minister may designate persons or classes of persons employed in the public service of Canada or by a provincial, municipal or local authority or an aboriginal government, whose duties include law enforcement, to be enforcement officers for the purpose of the enforcement of specified provisions of this Act or the regulations in relation to specified parks, and for that purpose enforcement officers have the powers and are entitled to the protection provided by law to peace officers within the meaning of the Criminal Code.

31.4 Subsection 23(2) of the Act is replaced by the following:

Marginal note:Forfeiture where ownership not ascertainable

(2) If the lawful ownership of or entitlement to a seized thing cannot be ascertained within 30 days after its seizure, the thing or any proceeds of its disposition are forfeited to Her Majesty in right of Canada, if the thing was seized by a park warden or by an enforcement officer employed in the public service of Canada, or to Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by a provincial, municipal or local authority or an aboriginal government.

1995, c. 11Department of Canadian Heritage Act

32. The French version of paragraph 4(2)(e) of the Department of Canadian Heritage Act is replaced by the following:

e) les parcs nationaux, les lieux et monuments historiques nationaux, les canaux historiques, les champs de bataille nationaux, les aires marines nationales de conservation, les gares ferroviaires et les édifices fédéraux patrimoniaux;

1998, c. 31Parks Canada Agency Act

33. (1) Paragraph (a) of the preamble to the Parks Canada Agency Act is replaced by the following:

(a) to protect the nationally significant examples of Canada’s natural and cultural heritage in national parks, national historic sites, national marine conservation areas and related heritage areas in view of their special role in the lives of Canadians and the fabric of the nation,

(2) Paragraph (d) of the preamble to the Act is replaced by the following:

(d) to include representative examples of Canada’s land and marine natural regions in the systems of national parks and national marine conservation areas,

(3) Paragraph (h) of the preamble to the Act is replaced by the following:

(h) to ensure the ecologically sustainable use of national marine conservation areas,

34. (1) Paragraph (a) of the definition “other protected heritage areas” in subsection 2(1) of the Act is replaced by the following:

(a) historic canals that are within the jurisdiction of the Minister under the Department of Canadian Heritage Act;

(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

“national marine conservation area”

« aire marine nationale de conservation »

“national marine conservation area” means a marine conservation area or reserve as defined in subsection 2(1) of the Canada National Marine Conservation Areas Act.

35. Subsection 5(1) of the Act is replaced by the following:

Marginal note:Exercise of powers conferred on Minister

5. (1) Subject to any direction given by the Minister, the Agency may exercise the powers and shall perform the duties and functions that relate to national parks, national historic sites, national marine conservation areas, other protected heritage areas and heritage protection programs that are conferred on, or delegated, assigned or transferred to, the Minister under any Act or regulation.

36. Subsections 6(1) to (3) of the Act are replaced by the following:

Marginal note:Responsibilities — subject-matter

6. (1) The Agency is responsible for the implementation of policies of the Government of Canada that relate to national parks, national historic sites, national marine conservation areas, other protected heritage areas and heritage protection programs.

Marginal note:System plans

(2) The Agency shall ensure that there are long-term plans in place for establishing systems of national parks, national historic sites and national marine conservation areas.

Marginal note:New protected heritage areas

(3) The Agency is responsible for negotiating, and recommending to the Minister, the establishment of new national parks, national marine conservation areas and other protected heritage areas and the acquisition of national historic sites.

37. Section 7 of the Act is replaced by the following:

Marginal note:Additions to or deletions from the schedule

7. The Governor in Council may, by order, add to or delete from the schedule any Act of Parliament or regulation or part of an Act or regulation that relates to national parks, national historic sites, national marine conservation areas or other protected heritage areas or heritage protection programs.

38. (1) Paragraphs 21(3)(b) to (d) of the Act are replaced by the following:

(b) to acquire any real property or immovables for the purpose of establishing, enlarging or designating, as the case may be, any national park, national historic site, national marine conservation area or other protected heritage area that has not yet attained full operational status;

(c) to develop or maintain any national park, national historic site, national marine conservation area or other protected heritage area that has not yet attained full operational status, and to make any related contribution or other payment;

(d) to implement a decision by the Minister to recommend the establishment of a national park, national historic site, national marine conservation area or other protected heritage area, or to commemorate a historic place under section 3 of the Historic Sites and Monuments Act, and to make any related contribution or other payment; and

(2) Subsection 21(4) of the Act is replaced by the following:

Marginal note:Determination of status

(4) The Chief Executive Officer must, in accordance with the guidelines established under subsection (5), determine whether a national park, national historic site, national marine conservation area or other protected heritage area has attained full operational status for the purposes of paragraphs (3)(b) and (c).

39. Section 31 of the Act is replaced by the following:

Marginal note:Report on state of heritage areas and programs

31. At least every two years, the Chief Executive Officer shall provide the Minister with a report, to be tabled in each House of Parliament, on the state of national parks, national historic sites, national marine conservation areas and other protected heritage areas and heritage protection programs, and on the performance of the Agency in carrying out its responsibilities under section 6.

Marginal note:2000, c. 32, s. 59

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

Marginal note:Management plans

32. (1) In addition to the duties in relation to management plans under the Canada National Parks Act and the Canada National Marine Conservation Areas Act, the Chief Executive Officer shall, within five years after the establishment of a national historic site or other protected heritage area, or within five years after the coming into force of this section, whichever is later, provide the Minister with a management plan for that national historic site or other protected heritage area in respect of any matter that the Minister deems appropriate, including, but not limited to, commemorative and ecological integrity, resource protection or visitor use, and that plan shall be tabled in each House of Parliament.

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

Canada National Marine Conservation Areas Act

Loi sur les aires marines nationales de conservation du Canada

SCHEDULE 1(Sections 2, 5 and 6)MARINE CONSERVATION AREAS

SCHEDULE 2(Sections 2 and 6)RESERVES
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