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Canada National Parks Act (S.C. 2000, c. 32)

Act current to 2020-09-09 and last amended on 2019-09-04. Previous Versions

Offences and Punishment (continued)

Marginal note:Compensation for loss of property

  •  (1) If a person has been convicted of an offence under this Act, the court may, at the time sentence is imposed and on the application of the person aggrieved, order the offender to pay to the aggrieved person an amount by way of satisfaction or compensation for loss of or damage to property suffered by that person as a result of the commission of the offence.

  • Marginal note:Enforcement

    (2) If the amount ordered to be paid under subsection (1) is not paid without delay, the aggrieved person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.

  • 2000, c. 32, s. 31
  • 2009, c. 14, s. 40

Marginal note:Compensation for cost of remedial or preventive action

  •  (1) A court shall not, under paragraph 30(1)(c), order a person to compensate another person for the cost of any remedial or preventive action referred to in that paragraph if the other person is entitled to make a claim for compensation for that cost under the Marine Liability Act or the Arctic Waters Pollution Prevention Act.

  • Marginal note:Compensation for loss or damage — property

    (2) A court shall not, under subsection 31(1), order a person to pay to another person an amount by way of satisfaction or compensation for loss of or damage to property if the other person is entitled to make a claim for compensation for that loss or damage under the Marine Liability Act or the Arctic Waters Pollution Prevention Act.

  • 2009, c. 14, s. 40

Marginal note:Limitation period

 No proceedings by way of summary conviction in respect of an offence under this Act may be instituted more than five years after the day on which the subject matter of the proceedings arose, unless the prosecutor and the defendant agree that they may be instituted after the five years.

  • 2009, c. 14, s. 40

Marginal note:Contraventions Act

 If an offence under this Act is designated as a contravention under the Contraventions Act, subsection 8(5) of that Act does not apply in respect of the fine that may be established for that contravention.

  • 2009, c. 14, s. 40

Marginal note:Publication of information about contraventions

  •  (1) For the purpose of encouraging compliance with this Act and the regulations, the Minister shall maintain, in a registry accessible to the public, information about all convictions of corporations for offences under this Act.

  • Marginal note:Retention

    (2) Information in the registry is to be maintained for a minimum of five years.

  • 2009, c. 14, s. 40

Marginal note:Review

  •  (1) The Minister shall, 10 years after the day on which this section comes into force and every 10 years after that, undertake a review of sections 24 to 31.3.

  • Marginal note:Report to Parliament

    (2) The Minister shall, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament.

  • 2009, c. 14, s. 40

Mitigation of Environmental Damage

Marginal note:Pollution clean-up

  •  (1) Where a substance that is capable of degrading the natural environment, injuring fauna, flora or cultural resources or endangering human health is discharged or deposited in a park, any person who has charge, management or control of the substance shall take reasonable measures to prevent any degradation of the natural environment and any danger to the fauna, flora or cultural resources or to persons that may result from the discharge or deposit.

  • Marginal note:Powers of superintendent and Minister

    (2) If the superintendent of a park is of the opinion that a person is not taking the measures required by subsection (1), the superintendent may 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 a superintendent 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.

Park Communities

Marginal note:Preparation of community plan

  •  (1) A community plan for each park community shall be tabled in each House of Parliament as soon as possible after this section comes into force, accompanied in the case of the town of Banff by any zoning by-laws made under the agreement referred to in section 35.

  • Marginal note:Contents of community plan

    (2) A community plan for a park community must

    • (a) be consistent with the management plan for the park in which the park community is located;

    • (b) accord with any guidelines established by the Minister for appropriate activities within the park community;

    • (c) provide a strategy for the management of growth within the park community; and

    • (d) be consistent with principles of

      • (i) no net negative environmental impact, and

      • (ii) responsible environmental stewardship and heritage conservation.

  • Marginal note:Elements to be included

    (3) A community plan, or the zoning by-laws referred to in subsection (1) and tabled with it, must include

    • (a) a description of the lands comprising the park community;

    • (b) a description of the lands comprising the commercial zones of the park community; and

    • (c) a measure of the maximum floor area permitted within the commercial zones of the park community.

  • Marginal note:Amendment of Schedule 4

    (4) Subject to section 34, the Governor in Council may, by order, add the description of a park community, the description of its commercial zones and a measure of their maximum floor area referred to in subsection (3) to columns 2, 3 and 4, respectively, of Schedule 4, opposite the name of the community set out in column 1 of that Schedule, but any description or measure so added is not subject to amendment by the Governor in Council.

  • Marginal note:Leases, licences, etc.

    (5) No lease or licence of occupation may be granted, and no permit, licence or other authorization may be issued, authorizing a commercial use of lands within a commercial zone of a park community if the maximum floor area for commercial zones specified for that park community in Schedule 4 would be exceeded as a result of that use.

  • 2000, c. 32, s. 33
  • 2015, c. 3, s. 19(F)
  • 2017, c. 26, s. 33(F)

Marginal note:Additions to be tabled and referred

  •  (1) Before additions are made to Schedule 4 under subsection 33(4), the proposed additions shall be tabled in each House of Parliament, and on tabling they stand referred to the standing committee of each House that normally considers matters relating to parks or to any other committee that 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 proposed additions to Schedule 4 are tabled, report to the House that it disapproves the additions, in which case a motion to concur in the report shall be put to the House in accordance with its procedures.

  • Marginal note:Disposition of motion for concurrence

    (3) The motion shall be debated for not more than three hours and disposed of in accordance with the procedures of the House.

  • Marginal note:Additions allowed

    (4) Proposed additions to Schedule 4 may be made if 31 sitting days have elapsed after the tabling of the additions in both Houses and no motion referred to in subsection (2) has been proposed in either House.

  • Marginal note:Additions not allowed

    (5) Proposed additions to Schedule 4 may not be made if either House passes a motion referred to in subsection (2).

 
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