Assented to 1998-12-03
An Act to establish the Parks Canada Agency and to amend other Acts as a consequence
Whereas the Government of Canada wishes to establish an Agency for the purpose of ensuring that Canada’s national parks, national historic sites and related heritage areas are protected and presented for this and future generations and in order to further the achievement of the national interest as it relates to those parks, sites and heritage areas and related programs;
Whereas the Government of Canada wishes to establish an Agency that, through the exercise of its responsibilities in relation to those parks, sites and heritage areas and related programs, will reflect Canada’s values and identity and contribute to enhancing pride in Canada;
Whereas the Government of Canada wishes to establish an Agency to provide quality services to visitors and the Canadian public through alternative human resource and administrative regimes and financial authorities;
And Whereas it is in the national interest
(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,
(b) to present that heritage through interpretive and educational programs for public understanding, appreciation and enjoyment, both for international visitors and the Canadian public, thereby enhancing pride, encouraging stewardship and giving expression to our identity as Canadians,
(c) to carry out Canada’s international obligations and agreements to protect, conserve and present that heritage and to contribute towards the protection and presentation of the global heritage and biodiversity,
(d) to include representative examples of Canada’s land and marine natural regions in the systems of national parks and national marine conservation areas,
(e) to commemorate places, people and events of national historic significance, including Canada’s rich and ongoing aboriginal traditions,
(f) to ensure the commemorative integrity of national historic sites,
(g) to maintain or restore the ecological integrity of national parks,
(h) to ensure the ecologically sustainable use of national marine conservation areas,
(i) to protect heritage railway stations and the heritage character of federal heritage buildings,
(j) to provide leadership and support to the Canadian Heritage Rivers System,
(k) to provide Canadians with an opportunity to enjoy Canada’s special places,
(l) to maintain ecological and commemorative integrity as a prerequisite to the use of national parks and national historic sites, and
(m) to manage visitor use and tourism to ensure both the maintenance of ecological and commemorative integrity and a quality experience in such heritage and natural areas for this and future generations;
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
- 1998, c. 31, Preamble; 2002, c. 18, s. 33.
Marginal note:Short title
Agency means the Parks Canada Agency established by section 3. (Agence)
- Chief Executive Officer
Chief Executive Officer means the Chief Executive Officer appointed under section 10. (directeur général)
employee means an employee appointed under subsection 13(1). (employé)
- heritage protection programs
heritage protection programs includes programs that relate to
(a) heritage railway stations, heritage lighthouses and federal heritage buildings;
(b) Canadian heritage rivers and federal archaeology; and
(c) any other matters within the jurisdiction of the Minister that relate to areas of Canadian natural or historical significance that the Minister may, with the approval of the Governor in Council, specify for the purposes of this definition. (programmes de protection du patrimoine)
Minister means the Minister of the Environment. (ministre)
- national historic site
national historic site means a place designated under subsection (2) or a national historic site of Canada to which the Canada National Parks Act applies. (lieu historique national)
- national marine conservation area
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. (aire marine nationale de conservation)
- national park
national park means a park or park reserve as defined in section 2 of the Canada National Parks Act. (parc national)
- other protected heritage areas
other protected heritage areas includes
(a) historic canals;
(b.2) the Rouge National Urban Park; and
(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. (autres lieux patrimoniaux protégés)
- 1998, c. 31, ss. 2, 61.1
- 2000, c. 32, s. 58
- 2002, c. 18, s. 34
- 2005, c. 2, s. 3
- 2008, c. 16, s. 17
- 2015, c. 10, s. 56
Establishment of Agency
3 There is hereby established a body corporate to be called the Parks Canada Agency, that may exercise powers and perform duties and functions only as an agent of Her Majesty in right of Canada.
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, Saguenay-St. Lawrence Marine Park and Rouge National Urban Park;
(b) heritage railway stations, heritage lighthouses, 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.
(3) Notwithstanding subsection (2), no direction may be given with respect to the matters referred to in section 13.
- 1998, c. 31, s. 4
- 2005, c. 2, s. 4
- 2008, c. 16, s. 18
- 2015, c. 10, s. 57
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.
Marginal note:Officers and employees
(2) An officer or employee of the Agency may exercise any power and perform any duty or function referred to in subsection (1) if the officer or employee is appointed to serve in the Agency in a capacity appropriate to the exercise of the power or the performance of the duty or function, and in so doing, shall comply with any general or special direction given by the Minister.
(3) Subsection (1) does not include
(a) any power, duty or function of the Minister under this Act, other than those referred to in subsection 4(1);
(b) a power to make regulations under this or any other Act; or
- 1998, c. 31, s. 5
- 2002, c. 18, s. 35
- 2005, c. 2, s. 5
Marginal note:Non-application of Statutory Instruments Act
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.
Marginal note:Responsibilities — Acts
(4) The Agency is responsible for the administration and enforcement of the Acts listed in Part 1 of the schedule and any regulations made under those Acts and the regulations listed in Part 2 of the schedule.
- 1998, c. 31, s. 6
- 2002, c. 18, s. 36
Marginal note:Other Acts and regulations
6.1 (1) If considerations of geography make it impractical for the body or minister responsible for administering and enforcing an Act listed in Part 3 of the schedule — or any regulation made under that Act — or any regulation listed in Part 4 of the schedule to do so in a part of Canada, the Agency may enter into an agreement with that body or minister under which the Agency may assist that body or minister in the administration and enforcement of the Act or regulation in that part of Canada.
Marginal note:Park wardens
(2) For the purposes of an agreement entered into under subsection (1), persons designated as park wardens under section 18 of the Canada National Parks Act may, with the Chief Executive Officer’s approval,
(a) be designated under the Acts listed in Part 3 of the schedule to exercise powers set out in the designation in relation to the administration and enforcement of those Acts and any regulations made under them; and
(b) be designated under the Acts under which the regulations listed in Part 4 of the schedule are made to exercise powers set out in the designation in relation to the administration and enforcement of those regulations.
Meaning of part of Canada
(3) In this section, part of Canada means a part of Canada that is outside national parks, national historic sites, national marine conservation areas and other protected heritage areas.
- 2012, c. 19, s. 315
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