Rouge National Urban Park Act (S.C. 2015, c. 10)

Short Title

Marginal note:Short title

1 This Act may be cited as the Rouge National Urban Park Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

ecological integrity

ecological integrity means, with respect to the Park, a condition that is determined to be characteristic of its natural region and likely to persist, including abiotic components and the composition and abundance of native species and biological communities, rates of change and supporting processes. (intégrité écologique)

enforcement officer

enforcement officer means any person designated under section 24 or belonging to a class of persons so designated. (agent de l’autorité)

Minister

Minister means the Minister responsible for the Parks Canada Agency. (ministre)

national historic site

national historic site means a site, building or other place of national historic interest or significance that is commemorated under section 3 of the Historic Sites and Monuments Act. (lieu historique national)

Park

Park means the Rouge National Urban Park, established by section 4. (parc)

park warden

park warden means a person designated under section 23. (garde de parc)

public lands

public lands means lands, including submerged lands, belonging to Her Majesty in right of Canada or of which the Government of Canada has the power to dispose, regardless of whether that disposal is subject to any agreement between the Government of Canada and the Government of Ontario. (terres domaniales)

superintendent

superintendent means a person appointed under subsection 13(1) of the Parks Canada Agency Act who holds the office of superintendent of the Park, and includes any other person appointed under that Act who is authorized by the superintendent to act on his or her behalf. (directeur)

Her Majesty

Marginal note:Binding on Her Majesty

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

Park Established

Marginal note:Park established

4 Rouge National Urban Park, which is described in the schedule, is established for the purposes of protecting and presenting, for current and future generations, the natural and cultural heritage of the Park and its diverse landscapes, promoting a vibrant farming community and encouraging Canadians to discover and connect with their national protected heritage areas.

Management of the Park

Marginal note:Management by Minister

5 The Minister is responsible for the administration, management and control of the Park, including the administration of public lands in the Park and, for that purpose, the Minister may use and occupy those lands.

Marginal note:Factors to be considered

• 6 (1) Maintenance or restoration of ecological integrity, through the protection of natural resources and natural processes, must be the first priority of the Minister when considering all aspects of the management of the Park.

• Marginal note:For greater certainty

  (2) For greater certainty, subsection (1) does not prevent the carrying out of agricultural activities as provided for in this Act.

Marginal note:National historic sites

7 The Minister must, in relation to any national historic site in the Park, ensure

• (a) that cultural resources are not impaired or under threat;

• (b) that cultural resources are maintained in a manner that will prevent or slow their deterioration and that any intervention carried out is in accordance with national conservation standards; and

• (c) that he or she does not take any action, including the making of a payment or the granting of any financial assistance or any authorization, that would have an adverse effect on cultural resources or on the communication to the public of the reasons for the commemoration of the national historic site.

Marginal note:Advisory committee

8 The Minister may establish a committee to advise the Minister on the management of the Park. The advisory committee may include representatives from local governments, Aboriginal or regional organizations and other organizations that the Minister considers appropriate.

Marginal note:Management plan

• 9 (1) Within five years after the establishment of the Park, the Minister must prepare a management plan that sets out a long-term vision for the Park and provides for management objectives and performance evaluation. The Minister must cause the management plan to be tabled in each House of Parliament.

• Marginal note:Area management approach

  (2) The management plan must set out a management approach, by area, that includes the following:

  • (a) the protection and presentation of natural and cultural heritage;

  • (b) the presentation of agricultural heritage and the encouragement of sustainable farming practices; and

  • (c) the installation and maintenance of infrastructure, buildings and other improvements.

• Marginal note:Review of management plan

  (3) The Minister must review the management plan at least every 10 years and must cause any amendments to the plan to be tabled in each House of Parliament.

Marginal note:Public consultation

10 The Minister must provide opportunities for public participation, including by Aboriginal organizations, in the development of the management plan and in relation to any other matters that the Minister considers relevant.

Marginal note:Agreements

11 The Minister may, for the purposes of the management of the Park, enter into agreements with federal and provincial ministers and agencies, local governments, Aboriginal organizations and other persons and organizations.

Marginal note:Clearing of land for installation or maintenance of infrastructure

12 The superintendent may issue, amend, suspend and revoke any permit or other authorization for the clearing of public lands in the Park for the purpose of installing or maintaining public infrastructure, including public utilities or transportation corridors.

Park Lands

Marginal note:Public lands

• 13 (1) The Minister may, in respect of public lands in the Park, enter into leases, grant easements and issue licences of occupation.

• Marginal note:Use of lands

  (2) Public lands in the Park in which a right or interest is held for any purpose under this Act remain part of the Park and that right or interest reverts to Her Majesty in right of Canada if those lands cease to be used for that purpose.

• Marginal note:Termination, etc.

  (3) The Minister may, in respect of public lands in the Park, terminate or accept the surrender of a lease and terminate or accept the relinquishment of an easement or a licence of occupation.

• Marginal note:Expropriation

  (4) The Expropriation Act applies in respect of the acquisition of an interest in public lands in the Park for the purposes of this Act if the holder of the interest does not consent and there is no cause for termination under subsection (3).

• Marginal note:Meaning of terms

  (5) For the purposes of subsection (4), the Minister is deemed to be a Minister referred to in paragraph (b) of the definition Minister in subsection 2(1) of the Expropriation Act and the Parks Canada Agency is deemed to be a department named in Schedule I to the Financial Administration Act.

• Marginal note:No other expropriation

  (6) Despite the Expropriation Act, no interest in land may be acquired by expropriation by Her Majesty in right of Canada for the purpose of enlarging the Park.

Marginal note:Amendment to schedule

• 14 (1) For the purpose of enlarging the Park, the Governor in Council may, by order, amend the schedule by altering the description of the Park, if the Governor in Council is satisfied that Her Majesty in right of Canada has title to the lands that are to be included in the Park, regardless of whether there are any charges on title.

• 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 title to lands in the Park, the Governor in Council may, by order, amend the schedule by altering the description of the Park to remove those lands from the Park.

Marginal note:No disposition without authority

15 It is prohibited to dispose of public lands or a right or interest in public lands in the Park, except as permitted under this Act.

Marginal note:Authority to dispose

• 16 (1) Public lands or a right or interest in public lands in the Park may be disposed of to a federal or provincial authority, including the Toronto and Region Conservation Authority, or to a municipal authority, if the disposal is required for the purposes of the installation or maintenance of public infrastructure, including public utilities or transportation corridors.

• Marginal note:Restriction

  (2) Subsection (1) ceases to apply in respect of the transfer of the fee simple in the public lands when the total amount of lands in which fee simple has been transferred under that subsection reaches an area of 200 hectares.

• Marginal note:Amendment to schedule

  (3) The Governor in Council may, by order, amend the schedule by altering the description of the Park to remove the lands that have been disposed of.

• Marginal note:Reversion

  (4) Lands disposed of under subsection (1) revert to Her Majesty in right of Canada if those lands cease to be used for the purposes for which they were disposed of.

Pollution Clean-up

Marginal note:Mitigation of risks

• 17 (1) If a substance that is capable of degrading the natural environment, injuring natural or cultural resources or endangering human health is discharged or deposited in the Park, any person who has charge, management or control of the substance and any person who caused or contributed to the discharge or deposit must take reasonable measures to prevent any degradation of the natural environment and any danger to natural or cultural resources or to human health that may result from the discharge or deposit.

• Marginal note:Powers of superintendent and Minister

  (2) If the superintendent is of the opinion that a person is not taking the required measures, the superintendent may order the person to take those measures and, if the person fails to do so, the Minister may take those measures on behalf of Her Majesty in right of Canada.

• Marginal note:Expenses of clean-up

  (3) A person who fails to comply with an order given by the superintendent is liable for the expenses reasonably incurred by Her Majesty in right of Canada in taking the measures, 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.

Prohibited Activities

Marginal note:Definitions

• 18 (1) The following definitions apply in this section.

  hunt

  hunt means to kill, injure, seize, capture or trap a wild animal, or to attempt to do so, and includes to pursue, stalk, track, search for, lie in wait for or shoot at a wild animal for any of those purposes. (chasser)

  possess

  possess includes, in relation to any person, knowingly having any thing in any place, whether or not that place belongs to or is occupied by the person, for his or her own use or benefit or for that of another person. (possession)

  traffic

  traffic means to sell, offer for sale, buy, offer to buy, exchange, give, send, transport or deliver. (trafic)

  wild animal

  wild animal means any individual of the animal kingdom that is not — or is no longer — domesticated, whether living or dead, at any developmental stage — including any egg or embryo — and any part or any derivative of such an individual. (animal sauvage)

• Marginal note:Prohibited activities

  (2) Except as permitted under this Act, it is prohibited to

  • (a) traffic in a wild animal, a plant, a part of a plant, any other naturally occurring object or product of natural phenomena or a cultural, historical or archaeological resource, whether it is in the Park or has been removed from it;

  • (b) hunt a wild animal in the Park;

  • (c) remove a wild animal, a plant, a part of a plant or any other naturally occurring object or product of natural phenomena from the Park;

  • (d) possess a wild animal, a plant, a part of a plant or any other naturally occurring object or product of natural phenomena that is in the Park or that has been removed from it;

  • (e) disturb, harm or destroy a wild animal or disturb, damage or destroy a plant, a part of a plant or any other naturally occurring object or product of natural phenomena that is in the Park or that has been removed from it;

  • (f) harvest timber in the Park;

  • (g) explore for minerals, oil or gas, or conduct an extractive activity, including mining, in the Park;

  • (h) dump or dispose of any substance in the Park;

  • (i) disturb a cultural, historical or archaeological resource in the Park, remove one from it or, whether it is in the Park or has been removed from it, damage, alter, destroy or possess one; or

  • (j) remove a park facility or other park property from the Park or, whether it is in the Park or has been removed from it, damage, alter or destroy a park facility or other park property.

• Marginal note:Exception — superintendent

  (3) Subsection (2) does not apply to the superintendent when he or she is performing his or her functions related to the management of the Park or to any other person authorized by the superintendent when they are performing those functions on the superintendent’s behalf.

• Marginal note:Exception — rescue and rehabilitation of animals

  (4) Subsection (2) does not apply to activities carried out by an organization whose purpose is the rescue and rehabilitation of wild animals if that organization has been authorized by the Minister to carry out those activities.

• Marginal note:Exception — recreational fishing

  (5) Recreational fishing is permitted in the Park, subject to any regulations that may be made under paragraph 20(1)(f).

Agricultural Activities

Marginal note:For greater certainty

19 For greater certainty, subsections 17(1) and 18(2) do not prevent the carrying out of agricultural activities by a lessee of public lands in the Park in accordance with their lease.

Regulations

Marginal note:Regulations

• 20 (1) The Governor in Council may make regulations respecting

  • (a) the preservation, control and management of the Park;

  • (b) the protection of flora, fauna, soil, waters, fossils, natural features and air quality;

  • (c) the protection, management, acquisition, disposition, disturbance, altering, removal or destruction of cultural, historical or archaeological resources;

  • (d) the taking of specimens of flora or fauna for scientific or propagation purposes, and the destruction or removal of dangerous or superabundant flora or fauna;

  • (e) the authorization of the use of lands in the Park, and the use or removal of flora and other natural objects, by Aboriginal people for traditional spiritual or ceremonial purposes;

  • (f) the management and regulation of fishing;

  • (g) the prevention and remedying of any pollution of land or water or any obstruction of waterways;

  • (h) the prevention and extinguishment of fires in the Park or threatening the Park;

  • (i) the issuance, amendment and termination of leases, licences of occupation and easements or servitudes, and the acceptance of the surrender of leases and the relinquishment of licences of occupation and easements or servitudes, of or over public lands in the Park;

  • (j) the restriction or prohibition of activities in the Park and the control of the use of resources and facilities in the Park;

  • (k) the establishment, operation, maintenance and administration and use of works and services of a public character, such as water, sewage, electricity, telephone, gas, fire protection and garbage removal and disposal;

  • (l) the establishment, maintenance, administration and use of roads, streets, highways, parking areas, sidewalks, streetworks, trails, wharves, docks, bridges and other improvements, and the circumstances under which they must be open or may be closed to public traffic or use;

  • (m) the control of traffic on roads, streets and highways and elsewhere in the Park, including the regulation of the speed, operation and parking of vehicles;

  • (n) the control of the location, standards, design, materials, construction, maintenance, removal and demolition of buildings, structures, facilities, signs and other improvements and the establishment of zones governing uses of land and buildings;

  • (o) the control of agriculture, businesses, trades, occupations, amusements, sports and other activities or undertakings, and the places where those activities or undertakings may be carried on;

  • (p) the preservation of public health and the prevention of disease;

  • (q) the inspection of buildings, structures, facilities and other improvements for the purpose of the enforcement of regulations made under paragraphs (n) to (p);

  • (r) the abatement and prevention of nuisances;

  • (s) the use, transportation and storage of pesticides and other toxic substances;

  • (t) public safety, including the control of firearms;

  • (u) the control of domestic animals, including the impounding or destruction of such animals found at large;

  • (v) the control of access to the Park by aircraft;

  • (w) the summary removal from the Park, by park wardens or enforcement officers, of persons found contravening specified provisions of this Act, the regulations or the Criminal Code, and the exclusion from the Park for prescribed periods of those persons or persons convicted of offences under those provisions;

  • (x) the acquisition or the sale of souvenirs, consumer articles and publications; and

  • (y) the removal of private property and the disposal of abandoned property.

• Marginal note:Superintendent’s powers

  (2) Regulations made under this section may authorize the superintendent, in the circumstances and subject to the limits that may be specified in the regulations,

  • (a) to vary any requirement of the regulations for purposes of public safety or the protection of natural, cultural, historical or archaeological resources in the Park;

  • (b) to issue, amend, suspend and revoke permits, licences and other authorizations in relation to any matter that is the subject of the regulations and to set their terms and conditions; and

  • (c) to order the taking of any action to counter any threat to public health or to remedy the consequences of any breach of the regulations.