name: Canada National Parks Act
unofficial_text: # Canada National Parks Act
  
  SC 2000, c 32
  
  An Act respecting the national parks of Canada
  
  Assented to 2000-10-20
  
  Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 
  
  ## Short Title 
  
  ### Short title
  
  1 This Act may be cited as the Canada National Parks Act.  
  
  ## Interpretation 
  
  ### Definitions
  
  2 (1) The definitions in this subsection apply in this Act.  
  *community plan* means a land use plan for a park community. (plan communautaire)   
  *ecological integrity* means, with respect to a 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* means a person designated under section 19 or belonging to a class of persons so designated. (agent de l’autorité)   
  *Minister* means the Minister responsible for the Parks Canada Agency. (ministre)   
  *park* means a national park of Canada named and described in Schedule 1. (parc)   
  *park community* means any of the following communities:  
  (a) the visitor centre of Field in Yoho National Park of Canada; 
  (b) the town of Banff in Banff National Park of Canada; 
  (c) the visitor centre of Lake Louise in Banff National Park of Canada; 
  (d) the visitor centre of Waterton Lakes Park in Waterton Lakes National Park of Canada; 
  (e) the town of Jasper in Jasper National Park of Canada; 
  (f) the visitor centre of Waskesiu in Prince Albert National Park of Canada; or 
  (g) the visitor centre of Wasagaming in Riding Mountain National Park of Canada. ( collectivité)   
  *park reserve* means a national park reserve of Canada named and described in Schedule 2. (réserve)   
  *park warden* means a person designated under section 18. (garde de parc)   
  *public lands* means lands, including submerged lands, that belong to Her Majesty in right of Canada or that the Government of Canada has the power to dispose of, whether or not such disposal is subject to the terms of any agreement between the Government of Canada and the government of a province. (terres domaniales)   
  *superintendent* means an officer appointed under the Parks Canada Agency Act who holds the office of superintendent of a park or of a national historic site of Canada to which this Act applies, and includes any person appointed under that Act who is authorized by such an officer to act on the officer’s behalf. (directeur)  
  
  ### Aboriginal rights
  
  (2) For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.  
  
  ## Her Majesty 
  
  ### Binding on Her Majesty
  
  3 This Act is binding on Her Majesty in right of Canada or a province. 
  
  ## National Parks of Canada 
  
  ### Parks dedicated to public
  
  4 (1) The national parks of Canada are hereby dedicated to the people of Canada for their benefit, education and enjoyment, subject to this Act and the regulations, and the parks shall be maintained and made use of so as to leave them unimpaired for the enjoyment of future generations. 
  
  ### For greater certainty
  
  (1.1) For greater certainty, nothing in this Act limits the authority of the Minister to fix fees under section 23 or 24 of the Parks Canada Agency Act.  
  
  ### Purpose of reserves
  
  (2) Park reserves are established in accordance with this Act for the purpose referred to in subsection (1) where an area or a portion of an area proposed for a park is subject to a claim in respect of aboriginal rights that has been accepted for negotiation by the Government of Canada. 
  
  ### National parks of Canada
  
  5 (1) Subject to section 7, the Governor in Council may, by order, for the purpose of establishing or enlarging a park, amend Schedule 1 by adding the name and a description of the park, or by altering the description of the park, if the Governor in Council is satisfied that 
  (a) Her Majesty in right of Canada has clear title to or an unencumbered right of ownership in the lands to be included in the park; and 
  (b) the government of the province in which those lands are situated has agreed to their use for that purpose. 
  
  ### Judicial finding as to title
  
  (2) If a court of competent jurisdiction finds that Her Majesty in right of Canada does not have clear title to or an unencumbered right of ownership in lands within a park, the Governor in Council may, by order, amend Schedule 1 by removing the name and description of the park or by altering that description. 
  
  ### No reduction of park area
  
  (3) Except as provided by subsection (2), no amendment may be made by the Governor in Council to Schedule 1 for the purpose of removing any portion of a park. 
  
  ### Reserves for parks
  
  6 (1) Subject to section 7, the Governor in Council may, by order, for the purpose of establishing or enlarging a park reserve, amend Schedule 2 by adding the name and a description of the reserve, or by altering the description of the reserve, if the Governor in Council is satisfied that the government of the province in which the lands to be included in the reserve are situated has agreed to their use for that purpose. 
  
  ### Reserve lands becoming park
  
  (2) Where a claim referred to in subsection 4(2) is settled, the Governor in Council may, by order, 
  (a) amend Schedule 2 by removing the name and description of the park reserve or by altering that description; and 
  (b) if the settlement provides that the park reserve or part of it is to become a park or part of one, amend Schedule 1 by adding the name and a description of the park or by altering the description of the park, if the Governor in Council is satisfied that Her Majesty in right of Canada has clear title to or an unencumbered right of ownership in the lands to be included in the park. 
  
  ### Judicial finding as to title
  
  (3) If a court of competent jurisdiction finds that Her Majesty in right of Canada does not have clear title to or an unencumbered right of ownership in lands within a park reserve, the Governor in Council may, by order, amend Schedule 2 by removing the name and description of the reserve or by altering that description. 
  
  ### No reduction of reserve area
  
  (4) Except as provided by subsections (2) and (3), no amendment may be made by the Governor in Council to Schedule 2 for the purpose of removing any portion of a park reserve. 
  
  ### Amendment to be tabled and referred
  
  7 (1) Before an amendment is made to Schedule 1 or 2 for a purpose referred to in subsection 5(1) or 6(1), respectively, the proposed amendment shall be tabled in each House of Parliament, together with a report on the proposed park or park reserve that includes information on consultations undertaken and any agreements reached with respect to its establishment, and an amendment so tabled stands referred to the standing committee of each House that normally considers matters relating to parks or to any other committee that that House may designate for the purposes of this section. 
  
  ### Disapproval by committee
  
  (2) The committee of each House may, within 30 sitting days after the amendment is tabled, report to the House that it disapproves the amendment, in which case a motion to concur in the report shall be put to the House in accordance with its procedures. 
  
  ### Amendment allowed
  
  (3) A proposed amendment to Schedule 1 or 2 may be made if 31 sitting days have elapsed after the tabling of the amendment in both Houses and no motion referred to in subsection (2) has been proposed in either House. 
  
  ### Amendment not allowed
  
  (4) A proposed amendment to Schedule 1 or 2 may not be made if either House passes a motion referred to in subsection (2). 
  
  ## Administration 
  
  ### Management by Minister
  
  8 (1) The Minister is responsible for the administration, management and control of parks, including the administration of public lands in parks and, for that purpose, the Minister may use and occupy those lands. 
  
  ### Ecological integrity
  
  (2) Maintenance or restoration of ecological integrity, through the protection of natural resources and natural processes, shall be the first priority of the Minister when considering all aspects of the management of parks. 
  
  ### Park communities
  
  9 Powers in relation to land use planning and development in park communities may not be exercised by a local government body, except as provided in the agreement referred to in section 35. 
  
  ### Agreements — general
  
  10 (1) The Minister may enter into agreements with federal and provincial ministers and agencies, local and aboriginal governments, bodies established under land claims agreements and other persons and organizations for carrying out the purposes of this Act. 
  
  ### Agreements — particular
  
  (2) The Minister may enter into agreements 
  (a) with any person for the development, operation and maintenance in a park of hydro-electric power pursuant to the Dominion Water Power Act for use in a park;  
  (b) with a local or aboriginal government having jurisdiction on lands adjacent to a park for the supply of water from the park to any place on those adjacent lands; and 
  (c) with any person located on lands in or adjacent to a park for the supply of water from the park to those lands for domestic purposes or for use in establishments providing services to park visitors. 
  
  ### Traditional water supply
  
  (2.1) An agreement entered into pursuant to paragraph (2)(b) must take into account any traditional supply of water from the park. 
  
  ### Use of land
  
  (3) An agreement entered into by the Minister with a provincial minister or agency may authorize the use of public lands in a park, but the Minister may terminate the agreement if those lands cease to be used as authorized. 
  
  ### Management plans
  
  11 (1) The Minister shall, within five years after a park is established, prepare a management plan for the park containing a long-term ecological vision for the park, a set of ecological integrity objectives and indicators and provisions for resource protection and restoration, zoning, visitor use, public awareness and performance evaluation, which shall be tabled in each House of Parliament. 
  
  ### Review of management plans by Minister
  
  (2) The Minister shall review the management plan for each park at least every 10 years and shall cause any amendments to the plan to be tabled in each House of Parliament. 
  
  ### Public consultation
  
  12 (1) The Minister shall, where applicable, provide opportunities for public participation at the national, regional and local levels, including participation by aboriginal organizations, bodies established under land claims agreements and representatives of park communities, in the development of parks policy and regulations, the establishment of parks, the formulation of management plans, land use planning and development in relation to park communities and any other matters that the Minister considers relevant. 
  
  ### Progress reports
  
  (2) At least every two years, the Minister shall cause to be tabled in each House of Parliament a report on the state of the parks and on progress made towards the establishment of new parks. 
  
  ## Park Lands 
  
  ### No disposition or use without authority
  
  13 Except as permitted by this Act or the regulations, 
  (a) no public lands or right or interest in public lands in a park may be disposed of; and 
  (b) no person shall use or occupy public lands in a park. 
  
  ### Wilderness areas
  
  14 (1) The Governor in Council may, by regulation, declare any area of a park that exists in a natural state or that is capable of returning to a natural state to be a wilderness area. 
  
  ### Maintaining character
  
  (2) The Minister may not authorize any activity to be carried on in a wilderness area that is likely to impair the wilderness character of the area. 
  
  ### Exceptions
  
  (3) Notwithstanding subsection (2) but subject to any conditions that the Minister considers necessary, the Minister may authorize activities to be carried on in a wilderness area for purposes of 
  (a) park administration; 
  (b) public safety; 
  (c) the provision of basic user facilities including trails and rudimentary campsites; 
  (d) the carrying on of activities in accordance with regulations made under section 17; or 
  (e) access by air to remote parts of the wilderness area. 
  
  ### Time limit for declaration
  
  (4) Where a new or amended management plan sets out an area of a park for declaration as a wilderness area, the Minister shall recommend such declaration to the Governor in Council within one year after the plan or amendment is tabled under section 11. 
  
  ### Disposition of public lands
  
  15 (1) The Minister may 
  (a) enter into leases of, and easements or servitudes over, public lands in a park that are used for 
  (i) the right-of-way of an existing railway line or the site of a railway station, 
  (ii) the right-of-way of an existing oil or gas pipeline or the site of a tank, reservoir, pump, rack, loading facility or other installation connected with such a pipeline, or 
  (iii) the right-of-way of an existing telecommunication or electrical transmission line or the site of an exchange, office, substation or other installation connected with such a transmission line; 
  (b) enter into leases of, and easements or servitudes over, public lands in a park that are required for any alteration to or deviation from a right-of-way referred to in paragraph (a) or for the relocation of any station or installation referred to in that paragraph; or 
  (c) enter into leases or licences of occupation of, and easements or servitudes over, public lands in a park for the installation and operation of radio and television repeater stations, microwave towers, weather and telemetry stations and cosmic ray and other scientific monitoring stations. 
  
  ### Use of lands
  
  (2) Public lands in a park in which a right or interest is held for any purpose under this Act remain part of the park and, if those lands cease to be used for that purpose, the right or interest reverts to the Crown. 
  
  ### Termination, etc.
  
  (3) The Minister may terminate, or accept the surrender or resiliation of, a lease of public lands in a park and may terminate, or accept the relinquishment of, a licence of occupation of such lands or an easement or servitude over such lands. 
  
  ### Expropriation if interests
  
  (4) The Expropriation Act applies in respect of the taking or acquisition of an interest in public lands in a park for the purposes of this Act where the holder of the interest does not consent and there is no cause for termination under subsection (3).  
  
  ### 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 section 2 of that Act and the Parks Canada Agency is deemed to be a department named in Schedule I to the Financial Administration Act.  
  
  ### No other expropriation
  
  (6) Notwithstanding the Expropriation Act, Her Majesty in right of Canada may not acquire any interest in land by expropriation for the purpose of enlarging a park or establishing a new park.  
  
  ## Regulations 
  
  ### Regulations
  
  16 (1) The Governor in Council may make regulations respecting 
  (a) the preservation, control and management of parks; 
  (b) the protection of flora, soil, waters, fossils, natural features, air quality, and cultural, historical and archaeological resources; 
  (c) the protection of fauna, the taking of specimens of fauna for scientific or propagation purposes, and the destruction or removal of dangerous or superabundant fauna; 
  (d) the management and regulation of fishing; 
  (e) the prevention and remedying of any obstruction or pollution of waterways; 
  (f) the prevention and extinguishment of fire on park lands or threatening park lands; 
  (g) the issuance, amendment and termination of leases, licences of occupation and easements or servitudes, and the acceptance of the surrender or resiliation of leases and the relinquishment of licences of occupation and easements or servitudes, of or over public lands 
  (i) in park communities, for the purposes of residence, schools, churches, hospitals, trade, tourism and places of recreation or entertainment, 
  (ii) in existing resort subdivisions, for the purpose of residence, 
  (iii) outside park communities and existing resort subdivisions, for the purposes of schools, churches, hospitals, service stations, tourism and places for the accommodation, recreation or education of visitors to parks, and 
  (iv) in the town of Banff, for the purpose of the exercise by a local government body of functions specified in the agreement referred to in section 35; 
  (h) the restriction or prohibition of activities and the control of the use of park resources and facilities; 
  (i) the establishment, operation, maintenance and administration of works and services of a public character, such as water, sewage, electricity, telephone, gas, fire protection, garbage removal and disposal and cemeteries, including the designation, granting and maintenance of plots in cemeteries, and respecting the use of those works and services; 
  (j) 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; 
  (k) the control of traffic on roads, streets and highways and elsewhere in parks, including the regulation of the speed, operation and parking of vehicles; 
  (l) the surveying of public lands, the making of plans of surveyed lands, the delimitation in such plans of the boundaries of park communities, existing resort subdivisions and cemeteries, their designation as towns, visitor centres, resort subdivisions or cemeteries and the subdividing of lands so designated; 
  (m) 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; 
  (n) the control of businesses, trades, occupations, amusements, sports and other activities or undertakings, including activities related to commercial ski facilities referred to in section 36, and the places where such activities and undertakings may be carried on; 
  (o) the preservation of public health and the prevention of disease; 
  (p) the inspection of buildings, structures, facilities and other improvements for the purpose of the enforcement of regulations made under paragraphs (m), (n) and (o); 
  (q) the abatement and prevention of nuisances; 
  (r) the determination of fees, rates, rents and other charges for the use of park resources and facilities, the provision of works and services referred to in paragraph (i) and improvements referred to in paragraph (j), and the issuance and amendment of permits, licences and other authorizing instruments pursuant to subsection (3); 
  (s) public safety, including the control of firearms; 
  (t) the use, transportation and temporary storage of pesticides and other toxic substances; 
  (u) the control of domestic animals, including the impounding or destruction of such animals found at large; 
  (v) the acquisition or disposition of prehistoric and historic objects and reproductions of them and the sale of souvenirs, consumer articles and publications; 
  (w) the authorization of the use of park lands, and the use or removal of flora and other natural objects, by aboriginal people for traditional spiritual and ceremonial purposes; 
  (x) the control of access to parks by air; 
  (y) designating provisions of the regulations for the purpose of subsection 24(1); and 
  (z) the summary removal from a 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 a park for prescribed periods of those persons or persons convicted of offences under those provisions.  
  
  ### Roads and other improvements
  
  (2) The establishment or use of any improvement referred to in paragraph (1)(j) does not operate to withdraw lands from a park. 
  
  ### Powers of superintendents
  
  (3) Regulations made under this section may authorize the superintendent of a park, 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 conservation of natural 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 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 in the park. 
  
  ### No new establishments
  
  (4) No lease, licence of occupation, easement or servitude may be issued or amended pursuant to regulations made under subparagraph (1)(g)(iii) for the purpose of the establishment of a new park community, resort subdivision, school, church or hospital. 
  
  ### Resource harvesting in certain parks
  
  17 (1) The Governor in Council may make regulations respecting the exercise of traditional renewable resource harvesting activities in 
  (a) Wood Buffalo National Park of Canada; 
  (b) Wapusk National Park of Canada; 
  (c) Gros Morne National Park of Canada; 
  (d) any national park of Canada established in the District of Thunder Bay in the Province of Ontario; 
  (e) Mingan Archipelago National Park Reserve of Canada; and 
  (f) any national park of Canada established in an area where the continuation of such activities is provided for by an agreement between the Government of Canada and the government of a province respecting the establishment of the park. 
  
  ### Land claims agreements
  
  (2) Where an agreement for the settlement of an aboriginal land claim that is given effect by an Act of Parliament makes provision for traditional renewable resource harvesting activities or stone removal activities for carving purposes within any area of a park, or where aboriginal people have existing aboriginal or treaty rights to traditional renewable resource harvesting activities within any area of a park, the Governor in Council may make regulations respecting the carrying on of those activities in that area. 
  
  ### Regulations respecting resource harvesting
  
  (3) Regulations made under subsection (1) or (2) may 
  (a) specify what are traditional renewable resource harvesting activities; 
  (b) designate categories of persons authorized to engage in those activities and prescribe the conditions under which they may engage in them; 
  (c) prohibit the use of renewable resources harvested in parks for other than traditional purposes; 
  (d) control traditional renewable resource harvesting activities; 
  (e) authorize the removal and disposal of any equipment or harvested resources left in a park in contravention of the regulations, and provide for the recovery of expenses incurred in their removal and disposal; and 
  (f) notwithstanding anything in this subsection, authorize the superintendent of a park 
  (i) to close areas of the park to traditional renewable resource harvesting activities for purposes of park management, public safety or the conservation of natural resources, 
  (ii) to establish limits on the renewable resources that may be harvested in any period, or to vary any such limits established by the regulations, for purposes of conservation, and 
  (iii) to prohibit or restrict the use of equipment in the park for the purpose of protecting natural resources. 
  
  ### Removal of carving stone
  
  (4) In regulations made under subsection (2), subsection (3) may be applied to the removal of stone for carving purposes. 
  
  ### Variations by superintendent
  
  (5) Regulations made under this section may authorize the superintendent of a park, in the circumstances described and to the extent provided in the regulations, to vary any requirement of the regulations for purposes of public safety or the conservation of natural resources in the park. 
  
  ## Enforcement 
  
  ### Designation of park wardens
  
  18 The Minister may designate persons appointed under the Parks Canada Agency Act, whose duties include the enforcement of this Act, to be park wardens for the enforcement of this Act and the regulations in any part of Canada and for the preservation and maintenance of the public peace in parks, and for those purposes park wardens are peace officers within the meaning of the Criminal Code.  
  
  ### Designation of enforcement officers
  
  19 The Minister may designate persons or classes of persons employed in the federal public administration or by a provincial, municipal or local authority or an aboriginal government, whose duties include law enforcement, to be enforcement officers for the purpose of the enforcement of specified provisions of this Act or the regulations in relation to specified parks, and for that purpose enforcement officers have the powers and are entitled to the protection provided by law to peace officers within the meaning of the Criminal Code.  
  
  ###  Contraventions Act 
  
  19.1 (1) The Minister may designate persons or classes of persons employed in the federal public administration or by a provincial, municipal or local authority or by an aboriginal government for the purpose of the enforcement of this Act or the regulations with respect to offences that have been designated as contraventions under the Contraventions Act.  
  
  ### Limitations regarding designations
  
  (2) The Minister may specify that a designation is in respect of one or more parks or in respect of all or specified offences under this Act that have been designated as contraventions under the Contraventions Act.  
  
  ### Certificate of designation and oath
  
  20 (1) Every park warden, enforcement officer and person designated under section 19.1 shall be provided with a certificate of designation in a form approved by the Minister and shall take and subscribe an oath prescribed by the Minister. 
  
  ### Limitations must be specified
  
  (2) The certificate must specify the limitations, if any, to which the designation is subject. 
  
  ### Right of passage
  
  20.1 In the discharge of their duties, park wardens and enforcement officers and any persons accompanying them may enter on and pass through or over private property without being liable for doing so and without any person having the right to object to that use of the property. 
  
  ### Immunity
  
  20.2 Park wardens and enforcement officers are not personally liable for anything they do or omit to do in good faith under this Act. 
  
  ### Arrest without warrant
  
  21 A park warden or enforcement officer may, in accordance with the Criminal Code, arrest without warrant any person  
  (a) whom the warden or officer finds committing an offence under this Act; or 
  (b) who the warden or officer believes, on reasonable grounds, has committed or is about to commit an offence under this Act. 
  
  ### Search and seizure
  
  22 (1) A park warden or enforcement officer may 
  (a) enter and search any place and open and examine any package or receptacle in accordance with a warrant issued under subsection (2) at any time during the day or, if so specified in the warrant, during the night; and 
  (b) seize any thing that the warden or officer believes on reasonable grounds is a thing described in subsection (2). 
  
  ### Authority to issue warrant
  
  (2) If a justice of the peace, on ex parte application, is satisfied by information on oath that there are reasonable grounds to believe that there is in any place, including any building or any vehicle, vessel or other conveyance, or in any package or receptacle,  
  (a) any thing in relation to which there are reasonable grounds to believe an offence under this Act or the regulations has been committed, or 
  (b) any thing that there are reasonable grounds to believe will afford evidence with respect to the commission of such an offence, the justice of the peace may issue a warrant authorizing a park warden or enforcement officer named in the warrant to enter and search the place or to open and examine the package or receptacle, subject to any conditions specified in the warrant. 
  
  ### Where warrant not necessary
  
  (3) A park warden or enforcement officer may exercise any powers under subsection (1) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be practical to obtain one. 
  
  ### Custody of things seized
  
  23 (1) Subject to subsections (2) and (3) and sections 28 and 29, where a park warden or enforcement officer seizes a thing under this Act or under a warrant issued pursuant to the Criminal Code,  
  (a) sections 489.1 and 490 of the Criminal Code apply; and  
  (b) the warden or officer, or any person that the warden or officer may designate, shall retain custody of the thing, subject to any order made under section 490 of the Criminal Code.  
  
  ### Forfeiture where ownership not ascertainable
  
  (2) If the lawful ownership of or entitlement to a seized thing cannot be ascertained within 30 days after its seizure, the thing or any proceeds of its disposition are forfeited to Her Majesty in right of Canada, if the thing was seized by a park warden or by an enforcement officer employed in the federal public administration, or to Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by a provincial, municipal or local authority or an aboriginal government. 
  
  ### Perishable things
  
  (3) If a seized thing is perishable, the park warden or enforcement officer may dispose of it or destroy it, and any proceeds of its disposition shall be paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within 90 days after its seizure, or shall be retained by the warden or officer pending the outcome of those proceedings. 
  
  ### Liability for costs
  
  23.1 If a thing is seized under this Act, the person who owned the thing at the time that it was seized, the person who had charge or control of the thing immediately before it was seized and the person who possessed it immediately before it was seized are jointly and severally, or solidarily, liable for all the costs of seizure, detention, maintenance and forfeiture, including any destruction or disposal costs, incurred by Her Majesty in right of Canada in relation to the thing in excess of any proceeds of its disposition, if any. 
  
  ## Offences and Punishment 
  
  ### Offence
  
  24 (1) Every person who contravenes section 13, subsection 32(1) or a provision of the regulations designated by regulations made under paragraph 16(1)(y) is guilty of an offence and liable 
  (a) on conviction on indictment, 
  (i) in the case of an individual, 
  (A) for a first offence, to a fine of not less than $15,000 and not more than $1,000,000, and 
  (B) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000, 
  (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii), 
  (A) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and 
  (B) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000, and 
  (iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation, 
  (A) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and 
  (B) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or 
  (b) on summary conviction, 
  (i) in the case of an individual, 
  (A) for a first offence, to a fine of not less than $5,000 and not more than $300,000, and 
  (B) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000, 
  (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii), 
  (A) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and 
  (B) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000, and 
  (iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation, 
  (A) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and 
  (B) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000. 
  
  ### Offence
  
  (2) Every person who contravenes any provision of the regulations other than a provision designated by regulations made under paragraph 16(1)(y), any of subsections 41.5(3) to (5), any condition of a permit, licence or other authorizing instrument issued under the regulations or under subsection 41.1(3) or (4) or 41.4(2) or (3) or any order or direction given by a superintendent, park warden or enforcement officer under subsection 41.1(3) or (4) or 41.4(2) or (3) is guilty of an offence and liable 
  (a) on conviction on indictment, 
  (i) in the case of an individual, 
  (A) for a first offence, to a fine of not more than $100,000, and 
  (B) for a second or subsequent offence, to a fine of not more than $200,000, 
  (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii), 
  (A) for a first offence, to a fine of not more than $500,000, and 
  (B) for a second or subsequent offence, to a fine of not more than $1,000,000, and 
  (iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation, 
  (A) for a first offence, to a fine of not more than $250,000, and 
  (B) for a second or subsequent offence, to a fine of not more than $500,000; or 
  (b) on summary conviction, 
  (i) in the case of an individual, 
  (A) for a first offence, to a fine of not more than $25,000, and 
  (B) for a second or subsequent offence, to a fine of not more than $50,000, 
  (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii), 
  (A) for a first offence, to a fine of not more than $250,000, and 
  (B) for a second or subsequent offence, to a fine of not more than $500,000, and 
  (iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation, 
  (A) for a first offence, to a fine of not more than $50,000, and 
  (B) for a second or subsequent offence, to a fine of not more than $100,000. 
  
  ### Trafficking in wild animals, etc.
  
  25 (1) Except as permitted by this Act or the regulations, no person shall traffic in any wild animal, whether living or dead, at any developmental stage, in any part of or any derivative of, or in any egg or embryo of, a wild animal — or in any plant or part of a plant or in any other naturally occurring object or product of natural phenomena — taken in or from a park. 
  
  ### Offence
  
  (2) Every person who contravenes subsection (1) is guilty of an offence and liable 
  (a) on conviction on indictment, 
  (i) in the case of an individual, 
  (A) for a first offence, to a fine of not less than $7,500 and not more than $500,000 or to imprisonment for a term of not more than one year, or to both, and 
  (B) for a second or subsequent offence, to a fine of not less than $15,000 and not more than $1,000,000 or to imprisonment for a term of not more than one year, or to both, 
  (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii), 
  (A) for a first offence, to a fine of not less than $400,000 and not more than $5,000,000, and 
  (B) for a second or subsequent offence, to a fine of not less than $800,000 and not more than $10,000,000, and 
  (iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation, 
  (A) for a first offence, to a fine of not less than $25,000 and not more than $3,000,000, and 
  (B) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $6,000,000; or 
  (b) on summary conviction, 
  (i) in the case of an individual, 
  (A) for a first offence, to a fine of not less than $4,000 and not more than $225,000 or to imprisonment for a term of not more than six months, or to both, and 
  (B) for a second or subsequent offence, to a fine of not less than $8,000 and not more than $450,000 or to imprisonment for a term of not more than six months, or to both, 
  (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii), 
  (A) for a first offence, to a fine of not less than $50,000 and not more than $3,000,000, and 
  (B) for a second or subsequent offence, to a fine of not less than $100,000 and not more than $6,000,000, and 
  (iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation, 
  (A) for a first offence, to a fine of not less than $15,000 and not more than $1,250,000, and 
  (B) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,500,000. 
  
  ### Definition of 
  *traffic* 
  
  (3) In this section and section 26, 
  *traffic* means to sell, offer for sale, expose for sale, buy, offer to buy, solicit, barter, exchange, give, send, transport or deliver.  
  
  ### Hunting, trafficking or possessing
  
  26 (1) Except as permitted by this Act or the regulations, no person shall 
  (a) hunt, in a park, any wild animal of a species named in Part 1 of Schedule 3; 
  (b) traffic in or possess, in a park, any wild animal of a species named in Part 1 of Schedule 3, whether living or dead, at any developmental stage, or any egg or embryo, or any part or derivative, of any such animal; or 
  (c) traffic in or possess any wild animal of a species named in Part 1 of Schedule 3, whether living or dead, at any developmental stage, taken from a park, or any egg or embryo, or any part or derivative, of any such animal that was taken from a park. 
  
  ### Offence
  
  (2) Every person who contravenes subsection (1) is guilty of an offence and liable 
  (a) on conviction on indictment, 
  (i) in the case of an individual, 
  (A) for a first offence, to a fine of not less than $15,000 and not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both, and 
  (B) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000 or to imprisonment for a term of not more than five years, or to both, 
  (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii), 
  (A) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and 
  (B) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000, and 
  (iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation, 
  (A) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and 
  (B) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or 
  (b) on summary conviction, 
  (i) in the case of an individual, 
  (A) for a first offence, to a fine of not less than $5,000 and not more than $300,000 or to imprisonment for a term of not more than six months, or to both, and 
  (B) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000 or to imprisonment for a term of not more than six months, or to both, 
  (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii), 
  (A) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and 
  (B) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000, and 
  (iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation, 
  (A) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and 
  (B) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000. 
  
  ### Hunting, trafficking or possessing
  
  (3) Except as permitted by this Act or the regulations, no person shall 
  (a) hunt, in a park, any wild animal of a species named in Part 2 of Schedule 3; 
  (b) traffic in or possess, in a park, any wild animal of a species named in Part 2 of Schedule 3, whether living or dead, at any developmental stage, or any egg or embryo, or any part or derivative, of any such animal; or 
  (c) traffic in or possess any wild animal of a species named in Part 2 of Schedule 3, whether living or dead, at any developmental stage, taken from a park, or any egg or embryo, or any part or derivative, of any such animal that was taken from a park. 
  
  ### Offence
  
  (4) Every person who contravenes subsection (3) is guilty of an offence and liable 
  (a) on conviction on indictment, 
  (i) in the case of an individual, 
  (A) for a first offence, to a fine of not less than $10,000 and not more than $750,000 or to imprisonment for a term of not more than five years, or to both, and 
  (B) for a second or subsequent offence, to a fine of not less than $20,000 and not more than $1,500,000 or to imprisonment for a term of not more than five years, or to both, 
  (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii), 
  (A) for a first offence, to a fine of not less than $450,000 and not more than $5,500,000, and 
  (B) for a second or subsequent offence, to a fine of not less than $900,000 and not more than $11,000,000, and 
  (iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation, 
  (A) for a first offence, to a fine of not less than $50,000 and not more than $3,500,000, and 
  (B) for a second or subsequent offence, to a fine of not less than $100,000 and not more than $7,000,000; or 
  (b) on summary conviction, 
  (i) in the case of an individual, 
  (A) for a first offence, to a fine of not less than $4,500 and not more than $250,000 or to imprisonment for a term of not more than six months, or to both, and 
  (B) for a second or subsequent offence, to a fine of not less than $9,000 and not more than $500,000 or to imprisonment for a term of not more than six months, or to both, 
  (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii), 
  (A) for a first offence, to a fine of not less than $75,000 and not more than $3,500,000, and 
  (B) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $7,000,000, and 
  (iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation, 
  (A) for a first offence, to a fine of not less than $20,000 and not more than $1,500,000, and 
  (B) for a second or subsequent offence, to a fine of not less than $40,000 and not more than $3,000,000. 
  
  ### Definitions
  
  (5) The definitions in this subsection apply in this section.  
  *hunt* means to kill, injure, seize, capture or trap, or to attempt to do so, and includes to pursue, stalk, track, search for, lie in wait for or shoot at for any of those purposes. (chasser)   
  *possess*, in relation to any person, includes 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)   
  *wildlife* [Repealed, 2009, c. 14, s. 35]  
  
  ### Amendments to Schedule 3
  
  (6) The Governor in Council may, by regulation, amend Part 1 or 2 of Schedule 3 by adding the name of any species of wild animal or by deleting the name of any species of wild animal. 
  
  ### Offences involving more than one animal, plant or object
  
  27 (1) If an offence involves more than one animal, plant or object, the fine to be imposed in respect of that offence may, despite sections 24 to 26, be the total of the fines that would have been imposed if each of the animals, plants or objects had been the subject of a separate information. 
  
  ### Continuing offences
  
  (2) If a contravention of this Act or the regulations is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued. 
  
  ### Deeming — second and subsequent offence
  
  (3) For the purposes of sections 24 to 26, a conviction for a particular offence under this Act is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted — under any Act of Parliament, or any Act of the legislature of a province, that relates to environmental or wildlife protection or conservation, or the protection of cultural, historical or archaeological resources — of a substantially similar offence. 
  
  ### Application
  
  (4) Subsection (3) applies only to previous convictions on indictment and to previous convictions on summary conviction, and to previous convictions under any similar procedure under any Act of the legislature of a province. 
  
  ### Determination of small revenue corporation status
  
  27.1 For the purpose of sections 24 to 26, a court may determine a corporation to be a small revenue corporation if the court is satisfied that the corporation’s gross revenues for the 12 months immediately before the day on which the subject matter of the proceedings arose — or, if it arose on more than one day, for the 12 months immediately before the first day on which the subject matter of the proceedings arose — were not more than $5,000,000. 
  
  ### Relief from minimum fine
  
  27.2 The court may impose a fine that is less than the minimum amount provided for in section 24, 25 or 26 if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship. The court shall provide reasons if it imposes a fine that is less than the minimum amount provided for in any of those sections. 
  
  ### Additional fine
  
  27.3 If a person is convicted of an offence under this Act and the court is satisfied that, as a result of the commission of the offence, the person acquired any property, benefit or advantage, the court shall order the person to pay an additional fine in an amount equal to the court’s estimation of the value of that property, benefit or advantage. The additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Act. 
  
  ### Notice to shareholders
  
  27.4 If a corporation that has shareholders is convicted of an offence under this Act, the court shall make an order directing the corporation to notify its shareholders, in the manner and within the time directed by the court, of the facts relating to the commission of the offence and of the details of the punishment imposed. 
  
  ### Liability of directors, officers, etc., of corporations
  
  27.5 (1) If a corporation commits an offence under this Act, any director, officer, agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the penalty provided for by this Act for an individual in respect of the offence committed by the corporation, whether or not the corporation has been prosecuted or convicted. 
  
  ### Duties of directors and officers of corporations
  
  (2) Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with 
  (a) this Act and the regulations; 
  (b) orders made by a court or the superintendent under this Act; and 
  (c) directions of the superintendent, a park warden or an enforcement officer made under this Act. 
  
  ### Fundamental purpose of sentencing
  
  27.6 The fundamental purpose of sentencing for offences under this Act is to contribute to respect for the law establishing and protecting parks through the imposition of just sanctions that have as their objectives 
  (a) to deter the offender and any other person from committing offences under this Act; 
  (b) to denounce unlawful conduct that damages or creates a risk of damage to parks; and 
  (c) to restore park resources. 
  
  ### Sentencing principles
  
  27.7 (1) In addition to the principles and factors that the court is otherwise required to consider, including those set out in sections 718.1 to 718.21 of the Criminal Code, the court shall consider the following principles when sentencing a person who is convicted of an offence under this Act:  
  (a) the amount of the fine should be increased to account for every aggravating factor associated with the offence, including the aggravating factors set out in subsection (2); and 
  (b) the amount of the fine should reflect the gravity of each aggravating factor associated with the offence. 
  
  ### Aggravating factors
  
  (2) The aggravating factors are the following: 
  (a) the offence caused damage or risk of damage to park resources; 
  (b) the offence caused damage or risk of damage to any unique, rare, particularly important or vulnerable park resources; 
  (c) the damage caused by the offence is extensive, persistent or irreparable; 
  (d) the offender committed the offence intentionally or recklessly; 
  (e) the offender failed to take reasonable steps to prevent the commission of the offence despite having the financial means to do so; 
  (f) by committing the offence or failing to take action to prevent its commission, the offender increased revenue or decreased costs or intended to increase revenue or decrease costs; 
  (g) the offender committed the offence despite having been warned by the superintendent, a park warden or an enforcement officer of the circumstances that subsequently became the subject of the offence; 
  (h) the offender has a history of non-compliance with federal or provincial legislation that relates to environmental or wildlife protection or conservation or the protection of cultural, historical or archaeological resources; and 
  (i) after the commission of the offence, the offender 
  (i) attempted to conceal its commission, 
  (ii) failed to take prompt action to prevent, mitigate or remediate its effects, or 
  (iii) failed to take prompt action to reduce the risk of committing similar offences in the future. 
  
  ### Absence of aggravating factor
  
  (3) The absence of an aggravating factor set out in subsection (2) is not a mitigating factor. 
  
  ### Meaning of 
  *damage* 
  
  (4) For the purposes of paragraphs (2)(a) to (c), 
  *damage* includes loss of use value and non-use value.  
  
  ### Reasons
  
  (5) If the court is satisfied of the existence of one or more of the aggravating factors set out in subsection (2) but decides not to increase the amount of the fine because of that factor, it shall give reasons for that decision. 
  
  ### Forfeiture
  
  28 (1) When a person is convicted of an offence, the court may, in addition to any punishment imposed, order that any seized thing by means of or in relation to which the offence was committed, or any proceeds of its disposition, be forfeited to Her Majesty in right of Canada. 
  
  ### Return where no forfeiture ordered
  
  (2) If the court does not order the forfeiture, the seized thing or the proceeds of its disposition shall be returned or paid to its lawful owner or the person lawfully entitled to it. 
  
  ### Retention or sale
  
  (3) Where a fine is imposed on a person convicted of an offence, any seized thing, or any proceeds of its disposition, may be retained until the fine is paid or the thing may be sold in satisfaction of the fine and the proceeds applied, in whole or in part, in payment of the fine. 
  
  ### Disposition by Minister
  
  29 Any seized thing that has been forfeited under this Act to Her Majesty in right of Canada or abandoned by its owner may be dealt with and disposed of as the Minister may direct. 
  
  ### Application of fines
  
  29.1 (1) All fines received by the Receiver General in respect of the commission of an offence under this Act, other than fines collected under the Contraventions Act, are to be credited to the Environmental Damages Fund, an account in the accounts of Canada, and used for purposes related to protecting, conserving or restoring parks or for administering that Fund.  
  
  ### Recommendations of court
  
  (2) The court imposing the fine may recommend to the Minister that all or a portion of the fine credited to the Environmental Damages Fund be paid to a person or organization specified by the court for a purpose referred to in subsection (1). 
  
  ### Orders of court
  
  30 (1) When a person is convicted of an offence under this Act, the court may, in addition to any punishment imposed and having regard to the nature of the offence and the circumstances surrounding its commission, make an order 
  (a) prohibiting the person from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence; 
  (b) directing the person to take any action that the court considers appropriate to remedy or avoid any damage to any park resources that resulted or may result from the commission of the offence; 
  (c) directing the person to compensate any person, monetarily or otherwise, in whole or in part, for the cost of any remedial or preventive action taken, caused to be taken or to be taken as a result of the act or omission that constituted the offence, including costs of assessing appropriate remedial or preventive action; 
  (d) directing the person to post a bond or pay into court an amount of money that the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement mentioned in this section; 
  (e) directing the person to prepare and implement a pollution prevention plan or an environmental emergency plan; 
  (f) directing the person to carry out, in the manner established by the Minister, monitoring of the environmental effects of any activity or undertaking on park resources or directing the person to pay, in the manner specified by the court, an amount for that purpose; 
  (g) directing the person to implement an environmental management system approved by the Minister; 
  (h) directing the person to have an environmental audit conducted by a person of a class and at the times specified by the Minister and directing the person to remedy any deficiencies revealed during the audit; 
  (i) directing the person to pay to Her Majesty in right of Canada an amount of money that the court considers appropriate for the purpose of promoting the protection, conservation or restoration of parks; 
  (j) directing the person to publish, in the manner specified by the court, the facts relating to the commission of the offence and the details of the punishment imposed, including any orders made under this subsection; 
  (k) directing the person to notify, at the person’s own cost and in the manner specified by the court, any person aggrieved or affected by the person’s conduct of the facts relating to the commission of the offence and of the details of the punishment imposed, including any orders made under this subsection; 
  (l) directing the person to submit to the Minister, when requested to do so by the Minister at any time within three years after the date of conviction, any information with respect to the person’s activities that the court considers appropriate in the circumstances; 
  (m) directing the person to perform community service, subject to any reasonable conditions that may be imposed in the order; 
  (n) directing the person to pay, in a manner specified by the court, an amount to enable research to be conducted into the protection, conservation or restoration of parks; 
  (o) requiring the person to surrender to the Minister any permit, licence or other authorizing instrument issued under the regulations to the person; 
  (p) prohibiting the person from applying for any new permit, licence or other authorizing instrument under the regulations during any period that the court considers appropriate; 
  (q) directing the person to pay, in the manner prescribed by the court, an amount to environmental or other groups to assist in their work related to the park; 
  (r) directing the person to pay, in the manner prescribed by the court, an amount to an educational institution including for scholarships for students enrolled in studies related to the environment; and 
  (s) requiring the person to comply with any other conditions that the court considers appropriate. 
  
  ### Suspended sentence
  
  (2) Where a person is convicted of an offence under this Act and the court suspends the passing of sentence under paragraph 731(1)(a) of the Criminal Code, the court may, in addition to any probation order made under that paragraph, make an order referred to in subsection (1).  
  
  ### Imposition of sentence
  
  (3) If a person does not comply with an order made under subsection (2) or is convicted of another offence, the court may, within three years after the order was made, on the application of the prosecution, impose any sentence that could have been imposed if the passing of sentence had not been suspended. 
  
  ### Publication
  
  (4) If a person fails to comply with an order made under paragraph (1)(j), the Minister may, in the manner that the court directed the person to do so, publish the facts relating to the commission of the offence and the details of the punishment imposed and recover the costs of publication from the person. 
  
  ### Debt due to Her Majesty
  
  (5) If the court makes an order under paragraph (1)(c) or (i) directing a person to pay an amount to Her Majesty in right of Canada, or if the Minister incurs publication costs under subsection (4), the amount or the costs, as the case may be, constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction. 
  
  ### Enforcement
  
  (6) If the court makes an order under paragraph (1)(c) directing a person to pay an amount to another person, other than to Her Majesty in right of Canada, and the amount is not paid without delay, that other person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the person who was directed to pay the amount in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings. 
  
  ### Cancellation or suspension of permits, etc.
  
  (7) If the court makes an order under paragraph (1)(o), any permit, licence or other authorizing instrument to which the order relates is cancelled unless the court makes an order suspending it for any period that the court considers appropriate. 
  
  ### Coming into force and duration of order
  
  (8) An order made under subsection (1) comes into force on the day on which it is made or on any other day that the court may determine and shall not continue in force for more than three years after that day unless the court provides otherwise in the order. 
  
  ### Compensation for loss of property
  
  31 (1) If a person has been convicted of an offence under this Act, the court may, at the time sentence is imposed and on the application of the person aggrieved, order the offender to pay to the aggrieved person an amount by way of satisfaction or compensation for loss of or damage to property suffered by that person as a result of the commission of the offence. 
  
  ### Enforcement
  
  (2) If the amount ordered to be paid under subsection (1) is not paid without delay, the aggrieved person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings. 
  
  ### Compensation for cost of remedial or preventive action
  
  31.01 (1) A court shall not, under paragraph 30(1)(c), order a person to compensate another person for the cost of any remedial or preventive action referred to in that paragraph if the other person is entitled to make a claim for compensation for that cost under the Marine Liability Act or the Arctic Waters Pollution Prevention Act.  
  
  ### Compensation for loss or damage — property
  
  (2) A court shall not, under subsection 31(1), order a person to pay to another person an amount by way of satisfaction or compensation for loss of or damage to property if the other person is entitled to make a claim for compensation for that loss or damage under the Marine Liability Act or the Arctic Waters Pollution Prevention Act.  
  
  ### Limitation period
  
  31.1 No proceedings by way of summary conviction in respect of an offence under this Act may be instituted more than five years after the day on which the subject matter of the proceedings arose, unless the prosecutor and the defendant agree that they may be instituted after the five years. 
  
  ###  Contraventions Act 
  
  31.2 If an offence under this Act is designated as a contravention under the Contraventions Act, subsection 8(5) of that Act does not apply in respect of the fine that may be established for that contravention.  
  
  ### Publication of information about contraventions
  
  31.3 (1) For the purpose of encouraging compliance with this Act and the regulations, the Minister shall maintain, in a registry accessible to the public, information about all convictions of corporations for offences under this Act. 
  
  ### Retention
  
  (2) Information in the registry is to be maintained for a minimum of five years. 
  
  ### Review
  
  31.4 (1) The Minister shall, 10 years after the day on which this section comes into force and every 10 years after that, undertake a review of sections 24 to 31.3. 
  
  ### Report to Parliament
  
  (2) The Minister shall, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament. 
  
  ## Mitigation of Environmental Damage 
  
  ### Pollution clean-up
  
  32 (1) Where a substance that is capable of degrading the natural environment, injuring fauna, flora or cultural resources or endangering human health is discharged or deposited in a park, any person who has charge, management or control of the substance shall take reasonable measures to prevent any degradation of the natural environment and any danger to the fauna, flora or cultural resources or to persons that may result from the discharge or deposit. 
  
  ### Powers of superintendent and Minister
  
  (2) If the superintendent of a park is of the opinion that a person is not taking the measures required by subsection (1), the superintendent 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. 
  
  ### Expenses of clean-up
  
  (3) A person who fails to comply with a direction given by a superintendent 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. 
  
  ## Park Communities 
  
  ### Preparation of community plan
  
  33 (1) A community plan for each park community shall be tabled in each House of Parliament as soon as possible after this section comes into force, accompanied in the case of the town of Banff by any zoning by-laws made under the agreement referred to in section 35. 
  
  ### Contents of community plan
  
  (2) A community plan for a park community must 
  (a) be consistent with the management plan for the park in which the park community is located; 
  (b) accord with any guidelines established by the Minister for appropriate activities within the park community; 
  (c) provide a strategy for the management of growth within the park community; and 
  (d) be consistent with principles of 
  (i) no net negative environmental impact, and 
  (ii) responsible environmental stewardship and heritage conservation. 
  
  ### Elements to be included
  
  (3) A community plan, or the zoning by-laws referred to in subsection (1) and tabled with it, must include 
  (a) a description of the lands comprising the park community; 
  (b) a description of the lands comprising the commercial zones of the park community; and 
  (c) a measure of the maximum floor area permitted within the commercial zones of the park community. 
  
  ### Amendment of Schedule 4
  
  (4) Subject to section 34, the Governor in Council may, by order, add the description of a park community, the description of its commercial zones and a measure of their maximum floor area referred to in subsection (3) to columns 2, 3 and 4, respectively, of Schedule 4, opposite the name of the community set out in column 1 of that Schedule, but any description or measure so added is not subject to amendment by the Governor in Council. 
  
  ### Leases, licences, etc.
  
  (5) No lease or licence of occupation may be granted, and no permit, licence or other authorization may be issued, authorizing a commercial use of lands within a commercial zone of a park community if the maximum floor area for commercial zones specified for that park community in Schedule 4 would be exceeded as a result of that use. 
  
  ### Additions to be tabled and referred
  
  34 (1) Before additions are made to Schedule 4 under subsection 33(4), the proposed additions shall be tabled in each House of Parliament, and on tabling they stand referred to the standing committee of each House that normally considers matters relating to parks or to any other committee that that House may designate for the purposes of this section. 
  
  ### Disapproval by committee
  
  (2) The committee of each House may, within 30 sitting days after the proposed additions to Schedule 4 are tabled, report to the House that it disapproves the additions, in which case a motion to concur in the report shall be put to the House in accordance with its procedures. 
  
  ### Disposition of motion for concurrence
  
  (3) The motion shall be debated for not more than three hours and disposed of in accordance with the procedures of the House. 
  
  ### Additions allowed
  
  (4) Proposed additions to Schedule 4 may be made if 31 sitting days have elapsed after the tabling of the additions in both Houses and no motion referred to in subsection (2) has been proposed in either House. 
  
  ### Additions not allowed
  
  (5) Proposed additions to Schedule 4 may not be made if either House passes a motion referred to in subsection (2). 
  
  ## Provisions for Particular Parks 
  
  ### Banff local government
  
  35 The Governor in Council, having authorized the Minister to enter into the Town of Banff Incorporation Agreement dated December 12, 1989, being an agreement for the establishment of a local government body for the town of Banff in Banff National Park of Canada, and to entrust to that body the local government functions specified in the Agreement, may authorize the Minister to further amend the Agreement. 
  
  ### Lands for ski facilities
  
  36 (1) No lease or licence of occupation may be granted for the purpose of commercial ski facilities on public lands in a park except within a commercial ski area described in Schedule 5. 
  
  ### Designation of ski areas
  
  (2) The Governor in Council may, by order, add to Schedule 5 the name and a description of a commercial ski area in the vicinity of Sunshine Village in Banff National Park of Canada, but that Schedule is not otherwise subject to amendment by the Governor in Council. 
  
  ### Wildlife Advisory Board
  
  37 (1) The Governor in Council may, by order, constitute a Wildlife Advisory Board for the traditional hunting grounds of Wood Buffalo National Park of Canada. 
  
  ### Hunting, trapping and fishing permits
  
  (2) Notwithstanding any regulations made under section 17, permits for hunting, trapping and fishing by members of the Cree Band of Fort Chipewyan in the traditional hunting grounds of Wood Buffalo National Park of Canada shall be issued in accordance with regulations of the Wildlife Advisory Board. 
  
  ### Regulations
  
  (3) The Wildlife Advisory Board may, subject to the approval of the Governor in Council, make regulations respecting 
  (a) the issuance, amendment and revocation, by the superintendent of the Park, of permits for hunting, trapping and fishing by members of the Cree Band of Fort Chipewyan in the traditional hunting grounds of the Park; 
  (b) the qualifications for such permits; and 
  (c) the number of such permits that may be issued. 
  
  ### Traditional hunting grounds
  
  (4) For the purposes of this section, the traditional hunting grounds of Wood Buffalo National Park of Canada consist of the lands shown on Plan 72702 in the Canada Lands Surveys Records at Ottawa, a copy of which is filed in the Land Titles Office at Edmonton under number 902-0325, which lands contain 8869 square kilometres (886 894 hectares). 
  
  ### Amendment of park descriptions
  
  38 (1) Notwithstanding subsection 5(2) and section 13, the Governor in Council may, by order, 
  (a) amend or replace the description of Wood Buffalo National Park of Canada in Schedule 1 for the purpose of withdrawing from that Park any lands in the vicinity of Garden River in the province of Alberta that may be required for the establishment of an Indian reserve; 
  (b) amend or replace the description of Wood Buffalo National Park of Canada in Schedule 1, in accordance with an agreement between Canada and the Salt River First Nation or with any first nation formed from the division of that First Nation, for the purpose of withdrawing from that Park any lands that may be required for purposes of entitlement to land under Treaty Number Eight between Her Majesty the Queen and the Cree, Beaver, Chipewyan and other Indians; 
  (c) amend or replace the description of Riding Mountain National Park of Canada in Schedule 1 for the purpose of withdrawing from that Park the east half of Section 8 in Township 20, Range 19, for purposes of settling a claim of the Keeseekoowenin Band; or 
  (d) amend or replace the description of Wapusk National Park of Canada in Schedule 1, in accordance with the agreement between Canada and Manitoba respecting the establishment of that Park, for the purpose of withdrawing from the Park any lands that may be required for purposes of entitlement to land under 
  (i) Treaty Number Five between Her Majesty the Queen and the Saulteaux and Swampy Cree Tribes of Indians at Berens River, or 
  (ii) the Northern Flood Agreement concluded on December 16, 1977 between Canada, Manitoba, the Manitoba Hydro-Electric Board and the Northern Flood Committee, Inc. 
  
  ### Lands not required
  
  (2) Lands withdrawn from Wood Buffalo National Park of Canada or Wapusk National Park of Canada pursuant to subsection (1) are declared to be no longer required for park purposes. 
  
  ## Park Reserves 
  
  ### Application of Act
  
  39 Subject to sections 40 to 41.5, this Act applies to a park reserve as if it were a park. 
  
  ### Aboriginal resource harvesting
  
  40 The application of this Act to a park reserve is subject to the carrying on of traditional renewable resource harvesting activities by aboriginal persons. 
  
  ### Agreement re Gwaii Haanas
  
  41 (1) The Governor in Council may authorize the Minister to enter into an agreement with the Council of the Haida Nation respecting the management and operation of Gwaii Haanas National Park Reserve of Canada. 
  
  ### Resource harvesting and cultural activities
  
  (2) For the purpose of implementing an agreement referred to in subsection (1), the Governor in Council may make regulations, applicable in the Gwaii Haanas National Park Reserve of Canada, respecting the continuance of traditional renewable resource harvesting activities and Haida cultural activities by people of the Haida Nation to whom subsection 35(1) of the Constitution Act, 1982 applies.  
  
  ### Additions to reserve
  
  (3) Pending the resolution of the disputes outstanding between the Haida Nation and the Government of Canada respecting their rights, titles and interests in or to the Gwaii Haanas Archipelago, the Governor in Council may, by order, alter the description of Gwaii Haanas National Park Reserve of Canada in Schedule 2 for the purpose of adding to the Reserve any portion of the Gwaii Haanas Archipelago as described in Schedule VI to the National Parks Act, chapter N-14 of the Revised Statutes of Canada, 1985, as that Act read immediately before its repeal.  
  
  ### Non-application of section 7
  
  (4) Section 7 does not apply in relation to the enlargement of Gwaii Haanas National Park Reserve of Canada in accordance with subsection (3). 
  
  ### Definition of 
  *expansion area* 
  
  41.1 (1) In this section, 
  *expansion area* means the lands described in Parts II and III of the description of Nahanni National Park Reserve of Canada in Schedule 2.  
  
  ### Powers of Minister re expansion area
  
  (2) The Minister may enter into leases or licences of occupation of, and easements over, public lands situated in the expansion area for the purposes of 
  (a) a mining access road leading to the Prairie Creek Area, as that Area is described in Part II of the description of Nahanni National Park Reserve of Canada in Schedule 2, including the sites of storage and other facilities connected with that road; or 
  (b) a mining access road following the existing route from Tungsten to Howard’s Pass and any alteration to or deviation from that route, including the sites of storage and other facilities connected with that road. 
  
  ### Land use permits
  
  (3) The Minister may issue, amend, renew, suspend, cancel, and approve the assignment of, permits and authorizations for the use of lands in the expansion area for the purposes of the mining access roads referred to in subsection (2) and, in relation to such permits and authorizations, subsection 31(3) and sections 59, 62, 71 and 85 to 87 of the Mackenzie Valley Resource Management Act and the regulations made under that Act — other than any regulations respecting time limits and public hearings — apply, with any adaptations that may be necessary, as if the references in those provisions to the federal Minister or a board were references to the Minister responsible for the Parks Canada Agency and the references in those provisions to an inspector were references to the superintendent of the Park Reserve, a park warden or an enforcement officer designated for the purposes of this subsection.  
  
  ### Water licences
  
  (4) The Minister may issue, amend, renew, suspend or cancel — or approve the assignment of — licences for the use of waters in the expansion area for the purposes of the mining access roads referred to in subsection (2) and, in relation to those licences, subsections 31(3) and 72.03(1), (5) and (6), sections 72.04, 72.1, 72.11, 72.12 and 72.14, subsections 85(1) and (2) and sections 85.1 to 85.3, 86.1 to 87, 89 and 93.2 of the Mackenzie Valley Resource Management Act and the regulations made under that Act apply, with any adaptations that may be necessary, as if the references in those provisions to the federal Minister or a board were references to the Minister responsible for the Parks Canada Agency and the references in those provisions to an inspector were references to the superintendent of the Park Reserve, a park warden or an enforcement officer designated for the purposes of this subsection.  
  (5)  [Repealed, 2009, c. 17, s. 7]  
  (6)  [Repealed, 2009, c. 17, s. 7]  
  (7)  [Repealed, 2009, c. 17, s. 7]  
  (8)  [Repealed, 2009, c. 17, s. 7]  
  
  ### Creation of park
  
  (9) For the purposes of subsections 5(1) and 6(2), leases, licences of occupation, easements, land use permits and authorizations and water licences relating to public lands in the expansion area are deemed not to encumber or affect title to those lands, but if those lands become part of a park they continue in effect according to their terms and conditions. 
  
  ### Creation of park
  
  (10) After any public lands within the expansion area become a park, this section continues to apply in respect of those lands with any adaptations that may be necessary. 
  
  ### Continuation — leases, easements and licences of occupation
  
  41.2 (1) Existing leases, easements and licences of occupation in or on Sable Island National Park Reserve of Canada are continued under this Act in accordance with their terms and conditions, which prevail over this Act to the extent of any inconsistency between them. 
  
  ### Renewals — leases and licences of occupation
  
  (2) Those leases and licences of occupation may be renewed in accordance with their terms and conditions. If a lease or licence of occupation does not provide for its renewal, then it may be renewed in accordance with this Act. 
  
  ### Canada-Nova Scotia Offshore Petroleum Board
  
  41.3 Nothing in this Act prevents any activity in Sable Island National Park Reserve of Canada that is authorized by the Canada-Nova Scotia Offshore Petroleum Board under the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, and no authority under this Act is necessary in order to carry on any activity there that is authorized by that Board under that Act.  
  
  ### Powers of Minister — Nááts’ihch’oh National Park Reserve of Canada
  
  41.4 (1) The Minister may enter into leases or licences of occupation of, and easements over, public lands in Nááts’ihch’oh National Park Reserve of Canada for the purposes of 
  (a) a mining access road following the existing route from Tungsten to Howard’s Pass and any alteration to or deviation from that route, including the sites of storage and other facilities connected with that road; or 
  (b) a mining access road from the road referred to in paragraph (a) to the mineral claims in the area of Lened Creek that are in existence on the day on which this section comes into force. 
  
  ### Land use permits
  
  (2) The Minister may issue, amend, renew, suspend or cancel — or approve the assignment of — permits and authorizations for the use of public lands in Nááts’ihch’oh National Park Reserve of Canada for the purposes of the mining access roads referred to in subsection (1) and, in relation to those permits and authorizations, subsection 31(3) and sections 59, 62, 71 and 85 to 87 of the Mackenzie Valley Resource Management Act and the regulations made under that Act — other than any regulations respecting time limits and public hearings — apply, with any adaptations that may be necessary, as if the references in those provisions to the federal Minister or a board were references to the Minister responsible for the Parks Canada Agency and the references in those provisions to an inspector were references to the superintendent of Nááts’ihch’oh National Park Reserve of Canada, a park warden or an enforcement officer designated for the purposes of this subsection.  
  
  ### Water licences
  
  (3) The Minister may issue, amend, renew, suspend or cancel — or approve the assignment of — licences for the use of waters in Nááts’ihch’oh National Park Reserve of Canada for the purposes of the mining access roads referred to in subsection (1) and, in relation to those licences, subsections 31(3) and 72.03(1), (5) and (6), sections 72.04, 72.1, 72.11, 72.12 and 72.14, subsections 85(1) and (2) and sections 85.1 to 85.3, 86.1 to 87, 89 and 93.2 of the Mackenzie Valley Resource Management Act and the regulations made under that Act apply, with any adaptations that may be necessary, as if the references in those provisions to the federal Minister or a board were references to the Minister responsible for the Parks Canada Agency and the references in those provisions to an inspector were references to the superintendent of Nááts’ihch’oh National Park Reserve of Canada, a park warden or an enforcement officer designated for the purposes of this subsection.  
  
  ### Existing permits, authorizations and licences
  
  (4) Permits and authorizations for the use of land and licences for the use of waters, issued under the Mackenzie Valley Resource Management Act, and licences for the use of waters issued under the Northwest Territories Waters Act, that are in effect on the coming into force of this section in respect of public lands in Nááts’ihch’oh National Park Reserve of Canada continue in effect according to their terms and conditions.  
  
  ### Deemed issuance
  
  (5) For the purposes of this Act, the permits and authorizations for the use of land referred to in subsection (4) are deemed to have been issued under subsection (2) and the licences for the use of waters referred to in subsection (4) are deemed to have been issued under subsection (3). 
  
  ### Continuation — leases, easements and licences of occupation
  
  (6) Existing leases, easements and licences of occupation relating to public lands in Nááts’ihch’oh National Park Reserve of Canada are continued under this Act in accordance with their terms and conditions, which prevail over this Act to the extent of any inconsistency between them. 
  
  ### Renewals — leases and licences of occupation
  
  (7) Those leases and licences of occupation may be renewed in accordance with their terms and conditions. If a lease or licence of occupation does not provide for its renewal, then it may be renewed in accordance with this Act. 
  
  ### Creation of park
  
  (8) For the purposes of subsections 5(1) and 6(2), leases, easements, licences of occupation, land use permits and authorizations and water licences relating to public lands in Nááts’ihch’oh National Park Reserve of Canada are deemed not to encumber or affect title to those lands, but if those lands become a park they continue in effect according to their terms and conditions. 
  
  ### Application to park
  
  (9) After any public lands in Nááts’ihch’oh National Park Reserve of Canada become a park, this section continues to apply in respect of those lands with any adaptations that may be necessary. 
  
  ### Thaidene Nene National Park Reserve of Canada
  
  41.5 (1) Subject to subsections (3) to (5) and to any regulations made under paragraph 17(1)(f) in relation to Thaidene Nene National Park Reserve of Canada, a person may, in public lands in the park reserve, carry on activities described in the agreement between the Government of Canada and the Government of the Northwest Territories in relation to the transfer of administration and control of the lands for the establishment of the park reserve. 
  
  ### Non-application of regulations
  
  (2) The following provisions do not apply in respect of the activities referred to in subsection (1): 
  (a) section 21 of the National Parks General Regulations ;  
  (b) paragraph 41(1)(a) of the National Parks Highway Traffic Regulations ; and  
  (c) section 4 of the National Parks of Canada Fire Protection Regulations.  
  
  ### Aircraft access
  
  (3) No person shall conduct a take-off or landing of an aircraft, as defined in subsection 3(1) of the Aeronautics Act, in public lands in Thaidene Nene National Park Reserve of Canada, unless that person holds a permit, as defined in section 1 of the National Parks of Canada Aircraft Access Regulations, that is issued in respect of the park reserve.  
  
  ### Fishing
  
  (4) No person shall fish in public lands in Thaidene Nene National Park Reserve of Canada unless the fishing is for personal use and that person holds a fishing permit, as defined in section 2 of the National Parks of Canada Fishing Regulations, that is issued in respect of the park reserve.  
  
  ### Harvesting game
  
  (5) No person shall harvest game — including by hunting, within the meaning of section 26, any wild animal — in public lands in Thaidene Nene National Park Reserve of Canada unless 
  (a) the person holds a special harvester licence issued under the Wildlife Act, S.N.W.T. 2013, c. 30 and complies with the terms and conditions of that licence, or  
  (b) the person held a lease referred to in subsection (7) immediately before the day on which this section comes into force and continues to hold that lease and holds a hunting licence issued under the Wildlife Act, S.N.W.T. 2013, c. 30 and complies with the terms and conditions of that licence.  
  
  ### Superintendent’s powers, duties and functions
  
  (6) The Superintendent shall, in respect of the activities referred to in subsections (1) and (3) to (5), have regard to considerations of public health and safety and the sustainable use and conservation of Thaidene Nene National Park Reserve of Canada in the exercise of his or her powers and the performance of his or her duties and functions under the regulations made under this Act. 
  
  ### Continuation — leases
  
  (7) Existing leases relating to public lands in Thaidene Nene National Park Reserve of Canada are continued under this Act in accordance with their terms and conditions, which prevail over this Act to the extent of any inconsistency between them. 
  
  ### Renewals — leases
  
  (8) Those leases may be renewed in accordance with their terms and conditions. If a lease does not provide for its renewal, then it may be renewed in accordance with this Act. 
  
  ### Creation of park
  
  (9) For the purposes of subsections 5(1) and 6(2), leases relating to public lands in Thaidene Nene National Park Reserve of Canada are deemed not to encumber or affect title to those lands, but if those lands become a park they continue in effect according to their terms and conditions. 
  
  ### Fuel caches
  
  (10) A person may store fuel at a location in public lands in Thaidene Nene National Park Reserve of Canada that is designated by the Minister as a fuel cache. 
  
  ### Application to park
  
  (11) After any public lands in Thaidene Nene National Park Reserve of Canada become a park, this section continues to apply in respect of those lands with any adaptations that may be necessary. 
  
  ### Accessibility of agreement
  
  (12) The Minister shall ensure that the agreement referred to in subsection (1) is accessible to the public. 
  
  ## National Historic Sites of Canada 
  
  ### Lands set apart
  
  42 (1) The Governor in Council may set apart any land, the title to which is vested in Her Majesty in right of Canada, as a national historic site of Canada to which this Act applies in order to 
  (a) commemorate a historic event of national importance; or 
  (b) preserve a historic landmark, or any object of historic, prehistoric or scientific interest, that is of national importance. 
  
  ### Changes to boundaries
  
  (2) The Governor in Council may make any changes that the Governor in Council considers appropriate in areas set apart under subsection (1). 
  
  ### Application of this Act
  
  (3) The Governor in Council may, by order, extend the application of subsection 8(1), section 11, except as it relates to zoning, and sections 12 and 16 to 32 to national historic sites of Canada. 
  
  ## Repeals 
  43 to 46 [Repeals] 
  
  ## Consequential Amendments 
  47 to 56 [Amendments] 
  57  [Repealed, 2001, c. 34, s. 24. Repeal is deemed to have come into force on February 18, 2001.]  
  58 to 67 [Amendments] 
  
  ## Conditional Amendments 
  68 to 70.1 [Amendments] 
  
  ## Coming into Force 
  
  ### Coming into force
  
   * 71  (1) Subject to subsections (2) to (4), this Act, other than sections 68 to 70.1, comes into force on a day to be fixed by order of the Governor in Council. 
  
  ### Coming into force
  
  (2) Paragraph 17(1)(b) and the description of Wapusk National Park of Canada in Part 4 of Schedule 1 come into force on a day to be fixed by order of the Governor in Council. 
  
  ### Coming into force
  
  (3) Paragraph 17(1)(c) and the description of Gros Morne National Park of Canada in Part 10 of Schedule 1 come into force on a day to be fixed by order of the Governor in Council. 
  
  ### Coming into force
  
  (4) The description of Aulavik National Park of Canada in Part 12 of Schedule 1 comes into force on a day to be fixed by order of the Governor in Council. 
  * [Note: Sections 68 to 70.1 in force on assent October 20, 2000; sections 1 to 16, section 17, other than paragraphs (1)(b) and (c), sections 18 to 67, Schedule 1, including the description of Aulavik National Park of Canada in Part 12, but excluding the descriptions of Wapusk National Park of Canada in Part 4 and Gros Morne National Park of Canada in Part 10 of Schedule 1, and Schedules 2 to 5 in force February 19, 2001, see SI/2001-29; paragraph 17(1)(c) and the description of Gros Morne National Park of Canada in Part 10 of Schedule 1 in force October 1, 2005, see SI/2005-63; paragraph 17(1)(b) and the description of Wapusk National Park of Canada in Part 4 of Schedule 1 in force March 26, 2010, see SI/2010-30.]  
  
  