An Act to amend the Department of Canadian Heritage Act and the Parks Canada Agency Act and to make related amendments to other Acts

Link to law: http://laws-lois.justice.gc.ca/eng/AnnualStatutes/2005_2/FullText.html

An Act to amend the Department of Canadian Heritage Act and the Parks Canada Agency Act and to make related amendments to other Acts

S.C. 2005, c. 2

Assented to 2005-02-24

An Act to amend the Department of Canadian Heritage Act and the Parks Canada Agency Act and to make related amendments to other Acts

SUMMARY

The purpose of these amendments is to transfer responsibility for the Parks Canada Agency, and certain associated functions, from the Minister of Canadian Heritage to the Minister of the Environment.

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

RESPONSIBILITY FOR PARKS CANADA AGENCY

1995, c. 11Department of Canadian Heritage Act

1. (1) Subsection 4(1) of the Department of Canadian Heritage Act is replaced by the following:

Marginal note:Minister's powers, duties and functions

4. (1) The powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction, not by law assigned to any other department, board or agency of the Government of Canada, relating to Canadian identity and values, cultural development and heritage.

Marginal note:2002, c. 18, s. 32(F)

(2) Paragraph 4(2)(e) of the Act is replaced by the following:

(e) national battlefields;

2. Section 5 of the Act is replaced by the following:

Marginal note:General duties

5. In exercising the powers and performing the duties and functions assigned to the Minister by section 4, the Minister shall initiate, recommend, coordinate, implement and promote national policies, projects and programs with respect to Canadian identity and values, cultural development and heritage.

1998, c. 31Parks Canada Agency Act

3. (1) The definition “Minister” in subsection 2(1) of the Parks Canada Agency Act is replaced by the following:

“Minister”

« ministre »

“Minister” means the Minister of the Environment.

(2) Paragraph (a) of the definition “herit­age protection programs” in subsection 2(1) of the Act is replaced by the following:

(a) heritage railway stations and federal heritage buildings;

Marginal note:2002, c. 18, s. 34(1)

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

(a) historic canals;

(4) Paragraph (c) of the definition “other protected heritage areas” in subsection 2(1) of the English version of the Act is replaced by the following:

(c) any other areas within the jurisdiction of the Minister that are of Canadian natural or historical significance and that the Minister may, with the approval of the Governor in Council, specify for the purposes of this definition.

4. Section 4 of the Act is replaced by the following:

Marginal note:Minister responsible

4. (1) The Minister is responsible for the Agency and the powers, duties and functions of the Minister, in that capacity, extend to and include all matters over which Parliament has jurisdiction, not by law assigned to any other department, board or agency of the Government of Canada, relating to

(a) areas of natural or historical significance to the nation, including national parks, national marine conservation areas, national historic sites, historic canals, historic museums established under the Historic Sites and Monuments Act and Saguenay-St. Law­rence Marine Park;

(b) heritage railway stations, federal heritage buildings, historic places in Canada, federal archaeology and Canadian heritage rivers; and

(c) the design and implementation of programs that relate primarily to built heritage.

Marginal note:Ministerial direction

(2) The Minister has the overall direction of the Agency, which shall comply with any general or special direction given by the Minister with reference to the carrying out of its responsibilities.

Marginal note:Exception

(3) Notwithstanding subsection (2), no direction may be given with respect to the matters referred to in section 13.

5. Paragraph 5(3)(a) of the Act is replaced by the following:

(a) any power, duty or function of the Minister under this Act, other than those referred to in subsection 4(1);

RELATED AMENDMENTS

2002, c. 18Canada National Marine Conservation Areas Act

6. The definition “Minister” in sub­section 2(1) of the Canada National Marine Conservation Areas Act is replaced by the following:

“Minister”

« ministre »

“Minister” means the Minister responsible for the Parks Canada Agency.

2000, c. 32Canada National Parks Act

7. The definition “Minister” in subsection 2(1) of the Canada National Parks Act is replaced by the following:

“Minister”

« ministre »

“Minister” means the Minister responsible for the Parks Canada Agency.

2001, c. 26Canada Shipping Act, 2001

8. Subsection 150(2) of the Canada Shipping Act, 2001 is replaced by the following:

Marginal note:Regulations — Minister and Minister responsible for Parks Canada Agency

(2) The Governor in Council may, on the recommendation of the Minister and the Minister responsible for the Parks Canada Agency, make regulations respecting the salvage of wreck or classes of wreck specified by regulations made under paragraph 163(2)(a).

9. (1) The portion of subsection 163(2) of the Act before paragraph (a) is replaced by the following:

Marginal note:Regulations — Minister and Minister responsible for Parks Canada Agency

(2) The Governor in Council may, on the joint recommendation of the Minister and the Minister responsible for the Parks Canada Agency, make regulations

(2) Paragraph 163(2)(d) of the Act is replaced by the following:

(d) authorizing the Minister and the Minister responsible for the Parks Canada Agency to jointly enter into agreements or arrangements respecting the administration or enforcement of any provision of the regulations made under this subsection and to authorize any person or organization with whom an agreement or arrangement is entered into to exercise the powers or perform the duties under those regulations that are specified in the agreement or arrangement;

R.S., c. 52 (4th Supp.)Heritage Railway Stations Protection Act

10. The definition “Minister” in subsection 2(1) of the Heritage Railway Stations Protection Act is replaced by the following:

“Minister”

« ministre »

“Minister” means the Minister responsible for the Parks Canada Agency;

R.S., c. H-4Historic Sites and Monuments Act

Marginal note:1995, c. 11, s. 23

11. The definition “Minister” in section 2 of the Historic Sites and Monuments Act is replaced by the following:

“Minister”

« ministre »

“Minister” means the Minister responsible for the Parks Canada Agency.

Marginal note:1995, c. 11, s. 24

12. Paragraph 4(1)(c) of the Act is replaced by the following:

(c) an officer of the Parks Canada Agency designated by the Minister; and

1997, c. 37Saguenay-St. Lawrence Marine Park Act

13. The definition “Minister” in section 2 of the Saguenay-St. Lawrence Marine Park Act is replaced by the following:

“Minister”

« ministre »

“Minister” means the Minister responsible for the Parks Canada Agency.

2002, c. 29Species at Risk Act

Marginal note:2002, c. 29, s. 141.1

14. Paragraph (a) of the definition “competent minister” in subsection 2(1) of the Species at Risk Act is replaced by the following:

(a) the Minister responsible for the Parks Canada Agency with respect to individuals in or on federal lands administered by that Agency;

15. Subsection 7(1) of the Act is replaced by the following:

Marginal note:Composition

7. (1) The Canadian Endangered Species Conservation Council consists of the Minister of the Environment, the Minister of Fisheries and Oceans, the Minister responsible for the Parks Canada Agency and ministers of the government of a province or a territory who are responsible for the conservation and management of a wildlife species in that province or territory.

16. Subsection 8(2) of the Act is replaced by the following:

Marginal note:Delegation

(2) The Minister, the Minister responsible for the Parks Canada Agency or the Minister of Fisheries and Oceans may, after consultation with the other two ministers, delegate to any minister of the Crown in right of Canada or of a province or to any person who is employed by the Government of Canada, the government of a province or any other government in Canada any of that Minister’s powers or functions under this Act, relating to its enforcement.

17. Section 9 of the Act is replaced by the following:

Marginal note:Advisory committees to assist Minister

9. (1) The Minister may, after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, establish one or more committees to advise the Minister on the administration of this Act.

Marginal note:Advisory committees to assist Council

(2) The Minister may, after consultation with the Minister responsible for the Parks Canada Agency, the Minister of Fisheries and Oceans and the Canadian Endangered Species Conservation Council, establish one or more committees to advise the Council on matters related to the Council’s role.

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

Marginal note:Content

(2) The Minister may, after consultation with COSEWIC, the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations establishing the content of status reports.

19. Subsection 22(2) of the Act is replaced by the following:

Marginal note:Regulations

(2) The Minister may, after consultation with the Minister responsible for the Parks Canada Agency, the Minister of Fisheries and Oceans and the Canadian Endangered Species Conservation Council, make regulations respecting the making of applications to COSEWIC under subsection (1) and the dealing with of those applications by COSEWIC.

20. Subsection 28(3) of the Act is replaced by the following:

Marginal note:Regulations

(3) The Minister may, after consultation with the Minister responsible for the Parks Canada Agency, the Minister of Fisheries and Oceans and the Canadian Endangered Species Conservation Council, make regulations respecting the making of applications to COSEWIC under subsection (1) and the dealing with of those applications by COSEWIC.

21. Subsection 41(4) of the Act is replaced by the following:

Marginal note:Regulations

(4) The Governor in Council may, on the recommendation of the Minister after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph (1)(e) prescribing matters to be included in a recovery strategy.

22. Subsection 49(2) of the Act is replaced by the following:

Marginal note:Regulations

(2) The Governor in Council may, on the recommendation of the Minister after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph (1)(f) prescribing matters to be included in an action plan.

23. Subsection 73(10) of the Act is replaced by the following:

Marginal note:Regulations

(10) The Minister may, after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations respecting the entering into of agreements, the issuance of permits and the renewal, revocation, amendment and suspension of agreements and permits.

24. Section 84 of the Act is replaced by the following:

Marginal note:Regulations

84. The Governor in Council may, on the recommendation of the Minister after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph 83(5)(g).

25. Sections 121 and 122 of the Act are replaced by the following:

Marginal note:Regulations

121. The Governor in Council may, on the recommendation of the Minister after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations respecting the form of the public registry, the keeping of the public registry and access to it.

Marginal note:Protection from proceedings

122. Despite any other Act of Parliament, no civil or criminal proceedings may be brought against Her Majesty in right of Canada, the Minister, the Minister responsible for the Parks Canada Agency, the Minister of Fisheries and Oceans or any person acting on behalf of or under the direction of any of them for the full or partial disclosure in good faith of any notice or other document through the public registry or any consequences of its disclosure.

26. The portion of subsection 125(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Regulations

125. (1) The Governor in Council may, on the recommendation of the Minister and the President of the Treasury Board, after the Minister has consulted the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations
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