Bill C-48
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MITIGATION OF ENVIRONMENTAL DAMAGE |
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Pollution
clean-up
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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.
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Powers of
Minister
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(2) If the Minister is of the opinion that a
person is not taking measures required by
subsection (1), the Minister 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.
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Expenses of
clean-up
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(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.
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Exception
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(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, to
prevent or mitigate the same degradation or
injury.
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RESERVES |
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Application of
Act to
reserves
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30. This Act applies to a reserve as if it were
a marine conservation area.
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CONSEQUENTIAL AMENDMENTS |
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1995, c. 11
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Department of Canadian Heritage Act |
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31. Paragraph 4(2)(e) of the Department
of Canadian Heritage Act is replaced by the
following:
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R.S., c. N-14
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National Parks Act |
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R.S., c. 39
(4th Supp.),
s. 1(1)
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32. The definition ``park'' in section 2 of
the National Parks Act is replaced by the
following:
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``park'' « parc »
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``park'' means a National Park described in
Schedule I;
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1974, c. 11
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An Act to amend the National Parks Act |
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1988, c. 48,
s. 17
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33. (1) Subsection 10(2) of An Act to
amend the National Parks Act, being
chapter 11 of the Statutes of Canada, 1974,
as enacted by section 17 of An Act to amend
the National Parks Act and to amend An Act
to amend the National Parks Act, being
chapter 48 of the Statutes of Canada, 1988,
is repealed.
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1988, c. 48,
s. 17
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(2) Paragraph 10(3)(b) of the said chapter
11, as enacted by section 17 of the said
chapter 48, is replaced by the following:
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CONDITIONAL AMENDMENTS |
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Bill C-29
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34. (1) If Bill C-29, introduced in the first
session of the thirty-sixth Parliament and
entitled An Act to establish the Parks Canada
Agency and to amend other Acts as a
consequence, is assented to, then, on the
later of the coming into force of section 2 of
that Act and the coming into force of this
Act,
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``marine
conservation
area'' « aire marine de conserva- tion »
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``marine conservation area'' means a marine
conservation area as defined in subsection
2(1) of the Marine Conservation Areas Act.
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Exercise of
powers
conferred on
Minister
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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,
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.
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Responsibi- lities - subject-matter
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6. (1) The Agency is responsible for the
implementation of policies of the Government
of Canada that relate to national parks,
national historic sites, marine conservation
areas, other protected heritage areas and
heritage protection programs.
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New protected
heritage areas
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(3) The Agency is responsible for
negotiating, and recommending to the
Minister, the establishment of new national
parks, marine conservation areas and other
protected heritage areas and the acquisition of
national historic sites.
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Additions to
or deletions
from the
schedule
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7. The Governor in Council may, by order,
add to or delete from the schedule any Act of
Parliament or regulation or part of an Act or
regulation that relates to national parks,
national historic sites, marine conservation
areas or other protected heritage areas or
heritage protection programs.
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Determi- nation of status
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(4) The Chief Executive Officer must, in
accordance with the guidelines established
under subsection (5), determine whether a
national park, national historic site, marine
conservation area or other protected heritage
area has attained full operational status for the
purposes of paragraphs (3)(b) and (c).
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Report on
state of
heritage areas
and programs
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31. At least every two years, the Chief
Executive Officer shall provide the Minister
with a report, to be tabled in each House of
Parliament, on the state of national parks,
national historic sites, marine conservation
areas and other protected heritage areas and
heritage protection programs, and on the
performance of the Agency in carrying out its
responsibilities under section 6.
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Management
plans
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32. (1) In addition to the duties in relation
to management plans for parks under the
National Parks Act and for marine
conservation areas under the Marine
Conservation Areas Act, the Chief Executive
Officer shall, within five years after the
establishment of a national historic site or
other protected heritage area, or within five
years after the date that this section comes into
force, whichever is later, provide the Minister
with a management plan for that national
historic site or other protected heritage area in
respect of any matter that the Minister deems
appropriate, including, but not limited to,
commemorative integrity, resource protection
or visitor use, and that plan shall be tabled in
each House of Parliament.
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Marine Conservation Areas Act
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Bill C-29
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(2) If Bill C-29, introduced in the first
session of the thirty-sixth Parliament and
entitled An Act to establish the Parks Canada
Agency and to amend other Acts as a
consequence, is assented to, then, on the
later of the coming into force of section 55
of that Act and the coming into force of this
Act,
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``superinten- dent'' « direc- teur »
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``superintendent'' means a person appointed
under the Parks Canada Agency Act who
holds the office of superintendent of a
marine conservation area, and includes any
other person appointed under that Act who
is authorized by that person to act on that
person's behalf.
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Designation
of marine
conservation
area wardens
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18. The Minister may designate persons
appointed under the Parks Canada Agency
Act whose duties include the enforcement of
this Act to be marine conservation area
wardens
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Bill C-32
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35. If Bill C-32, introduced in the first
session of the thirty-sixth Parliament and
entitled An Act respecting pollution
prevention and the protection of the
environment and human health in order to
contribute to sustainable development, is
assented to, then, on the later of the coming
into force of section 122 of that Act and the
coming into force of this Act,
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« immer- sion » ``dispose''
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« immersion » S'entend au sens de la
définition de ce terme à l'article 2 de la Loi
canadienne sur la protection de
l'environnement (1998), la mention dans
cette définition de mer valant mention
d'aire marine de conservation.
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``waste or
other matter'' « déchets ou autres matières »
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``waste or other matter'' means waste or other
matter identified in Schedule 5 to the
Canadian Environmental Protection Act,
1998.
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``dispose'' « immer- sion »
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``dispose'' has the same meaning as in section
122 of the Canadian Environmental
Protection Act, 1998, as if references in that
section to the sea were references to marine
conservation areas.
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Disposal in
waters
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14. (1) No person shall dispose of any
substance in the waters of a marine
conservation area except as authorized by a
permit issued by a superintendent pursuant to
this Act or, in the case of waters to which
subsection 125(1) of the Canadian
Environmental Protection Act, 1998 applies,
authorized by section 130 of that Act or by a
permit issued by the Minister of the
Environment pursuant to section 127 or 128 of
that Act.
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Permits under
CEPA
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(2) No permit may be issued under section
127 or 128 of the Canadian Environmental
Protection Act, 1998 for disposal in the waters
of a marine conservation area except with the
concurrence of the Minister.
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Exception
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(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,
1998, to prevent or mitigate the same
degradation or injury.
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SCHEDULE 1 |
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(Sections 2 and 5)
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MARINE CONSERVATION AREAS |
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SCHEDULE 2 |
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(Sections 2 and 6)
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