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:

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

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

• 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:

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

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:

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:

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