Park Lands (continued)
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.
(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.
(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.
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.
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 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 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).
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.
(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.
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