Bill C-78
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2nd Session, 35th Parliament, 45 Elizabeth II, 1996-97
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The House of Commons of Canada
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BILL C-78 |
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An Act to establish the Saguenay-St.
Lawrence Marine Park and to make a
consequential amendment to another Act
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| Preamble
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WHEREAS the Governments of Canada
and of Quebec recognize the necessity, both
for the present and for future generations, of
protecting the environment, the flora and fau
na and the exceptional natural resources of a
representative portion of the Saguenay River
and the St. Lawrence estuary;
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WHEREAS those Governments, on April
6, 1990, entered into an agreement for the pur
pose of establishing a marine park there;
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WHEREAS those Governments have
agreed to cooperate to the greatest extent pos
sible in the exercise of their respective pow
ers;
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AND WHEREAS each of the Parliament of
Canada and the legislature of Quebec must en
act legislation within its own jurisdiction for
the establishment and management of a ma
rine park;
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NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as fol
lows:
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Saguenay-St.
Lawrence Marine Park Act.
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INTERPRETATION |
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| Definitions
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2. The definitions in this section apply in
this Act.
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| ``agreement'' « Entente »
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``agreement'' means the agreement entered
into on April 6, 1990 by the Government of
Canada and the Government of Quebec for
the purpose of establishing the Saguenay-
St. Lawrence Marine Park.
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| ``enforcement
officer'' « agent de l'autorité »
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``enforcement officer'' means an officer or a
member of a class of officers designated by
the Minister as an enforcement officer for
the purposes of this Act.
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| ``Minister'' « ministre »
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``Minister'' means the member of the Queen's
Privy Council for Canada who is designated
by the Governor in Council as the Minister
for the purposes of this Act.
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| ``park'' « parc »
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``park'' means the Saguenay-St. Lawrence
Marine Park created by section 5.
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| ``park
warden'' « garde de parc »
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``park warden'' means an officer employed
under the Public Service Employment Act
whose duties include the enforcement of
this Act or the National Parks Act and who
may be designated by the Minister as a park
warden.
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| ``Quebec
minister'' « ministre du Québec »
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``Quebec minister'' means the minister of the
Government of Quebec responsible for the
law of the Province of Quebec that creates
the Saguenay-St. Lawrence Marine Park.
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| ``super- intendent'' « directeur »
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``superintendent'' means the officer employed
under the Public Service Employment Act
who holds the office of superintendent of
the park, and includes any person employed
under that Act and authorized by that officer
to act on their behalf.
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HER MAJESTY |
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| Binding on
Her Majesty
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3. This Act is binding on Her Majesty in
right of Canada or a province.
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PURPOSE |
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| Purpose
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4. The purpose of this Act is to increase, for
the benefit of the present and future genera
tions, the level of protection of the ecosystems
of a representative portion of the Saguenay
River and the St. Lawrence estuary for
conservation purposes, while encouraging its
use for educational, recreational and scientific
purposes.
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ESTABLISHMENT OF THE PARK |
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| Park
established
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5. (1) The Saguenay-St. Lawrence Marine
Park, the boundaries of which are set out in the
schedule, is hereby established.
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| Park zones
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(2) The park is composed of four types of
zone:
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CHANGE OF PARK BOUNDARIES |
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| Change of
park
boundaries
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6. (1) Subject to section 7, the Governor in
Council may, by order, change the park
boundaries set out in the schedule if
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| Limitation
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(2) For greater certainty, any enlargement
of the park may only extend over public lands
of Quebec.
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| Notice of the
proposed
change to be
tabled and
referred to
committee
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7. (1) A notice of intention to make an order
to change park boundaries shall be tabled in
the House of Commons and, on being tabled,
is referred to the committee of that House that
normally considers national parks matters, or
to any other committee to which the House
refers matters for the purpose of this section,
if the intention is to reduce the area of the park,
or of any zone of the park, other than a
reduction of the area of a Type III or Type IV
zone by one square kilometre or less.
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| Considera- tion by committee
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(2) The committee shall report to the House
of Commons whether it approves or disap
proves the change and, on or after the next
sitting day, a motion to concur in the report
shall be put to the House in accordance with its
procedures and disposed of without amend
ment or debate.
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| Where
proposed
change
rejected
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(3) The proposed change shall not be made
if the House of Commons concurs in a report
disapproving the proposed order or does not
concur in a report approving the order.
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ADMINISTRATION OF PARK |
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| Administra- tion
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8. (1) The administration, management and
control of the park are under the direction and
authority of the Minister.
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| Scientific
research
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(2) The Minister may conduct activities for
the purpose of advancing scientific knowl
edge of the park ecosystems.
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| Agreement
with Quebec
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(3) The Minister may enter into agreements
with the Quebec minister or another minister
of the Government of Canada for carrying out
the purpose of this Act and for coordinating
the activities permitted in the park.
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| Management
plan
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9. (1) The Minister shall, within one year
after the coming into force of this Act, cause
to be laid before each House of Parliament a
management plan for the park that the Minis
ter draws up jointly with the Quebec minister
with respect to resource protection, zoning,
visitor use and any other matters that the
Minister considers appropriate.
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| Review of
plan
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(2) The Minister shall review the manage
ment plan with the Quebec minister at least
once every seven years, and shall cause any
amendments to the plan to be laid with the
plan before each House of Parliament.
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| Public
participation
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(3) The Minister shall, in cooperation with
the Quebec minister, provide opportunities for
public participation in the development of the
management plan and any other matters that
the Minister considers relevant.
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| Permits
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10. (1) The Minister may issue, amend,
suspend and cancel permits and other autho
rizing instruments for the control of any
activity in the park.
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| Delegation
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(2) The Minister may authorize any person,
or any member of a class of persons, to
exercise any power mentioned in subsection
(1).
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SUPERINTENDENT, PARK WARDENS AND ENFORCEMENT OFFICERS |
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| Powers and
duties of
superin- tendent
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11. The superintendent has and may exer
cise the powers and perform the duties of the
Minister under this Act that the Minister
delegates to the superintendent.
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| Powers of
park wardens
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12. For the purposes of the preservation and
maintenance of the public peace in the park,
and the enforcement of this Act and any other
federal Act that they may be authorized to
enforce, both inside and outside the park, a
park warden has the powers, duties and
protection provided by law to peace officers.
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| Powers of
enforcement
officers
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13. For the purpose of the enforcement of
this Act, both inside and outside the park,
enforcement officers have the powers, duties
and protection provided by law to peace
officers.
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| Entry
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14. In the discharge of their duties, park
wardens, enforcement officers and persons
accompanying them may enter on and pass
through and over private property without the
owner of the property having the right to
object to that use of the property.
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MANAGEMENT COMMITTEE |
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| Establish- ment of committee
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15. (1) A management committee, made up
of representatives of the Minister and the
Quebec minister, is hereby established for the
purposes of ensuring harmonization and im
plementing the activities and programs of the
Government of Canada and the Government
of Quebec with respect to the park, in
particular with respect to the protection of
ecosystems, planning, management, issuance
of permits and other authorizations, consulta
tion, the programming of activities, commu
nications and the ways in which infrastruc
tures, installations and equipment are to be
shared.
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| Regulations
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(2) The management committee also is to
harmonize draft regulations to be made under
this Act and draft regulations that are to be
made under the law of the Province of Quebec
that creates the Saguenay-St. Lawrence Ma
rine Park.
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| Representa- tives of the Minister
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(3) The Minister shall name his or her
representative or representatives on the man
agement committee.
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COORDINATING COMMITTEE |
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| Coordinating
committee
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16. (1) A coordinating committee is hereby
established to make recommendations to the
Minister and the Quebec minister on the
measures to be taken in order to carry out the
objectives of the management plan.
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| Composition
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(2) The Minister, in cooperation with the
Quebec minister, shall decide on the composi
tion of the coordinating committee.
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| Representa- tives of the Minister
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(3) The Minister shall name his or her
representative or representatives on the coor
dinating committee.
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REGULATIONS |
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| Regulations
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17. The Governor in Council may make
regulations
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