Expansion and Conservation of Canada’s National Parks Act (S.C. 2013, c. 28)

• Published date: 12 September 2013
• Section: Part III - Acts of Parliament
• Gazette Issue: 2 - [object Object]

S.C. 2013, c. 28

Assented to 2013-06-19

An Act to amend the Canada National Parks Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to the Canada Shipping Act, 2001

SUMMARY

Part 1 of this enactment amends the Canada National Parks Act to create Sable Island National Park Reserve of Canada.

It also amends the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act to prohibit drilling for petroleum in Sable Island National Park Reserve of Canada or within one nautical mile seaward of Sable Island’s low-water mark, to restrict surface access rights provided for under that Act and to provide for the issuance of licences and authorizations with respect to activities that may be carried out in Sable Island National Park Reserve of Canada.

Finally, it makes consequential amendments to the Canada Shipping Act, 2001.

Part 2 amends the Canada National Parks Act to provide that the dedication of the national parks of Canada to the people of Canada is subject to any Act of Parliament.

It also amends the description of the commercial zones for the Community of Field in Yoho National Park of Canada in Schedule 4 to that Act and of the leasehold boundary of the Marmot Basin Ski Area in Jasper National Park of Canada in Schedule 5 to that Act.

Preamble

Whereas Sable Island is a unique and fragile ecosystem of sand dunes, marram grass and freshwater ponds that support a diverse flora and fauna, including endangered species, as well as remnants of a rich cultural heritage, including shipwrecks and Canada’s first lifesaving station;

Whereas on October 17, 2011, the Governments of Canada and Nova Scotia signed a Memorandum of Agreement to establish and manage Sable Island as a national park reserve of Canada for the purpose of protecting Sable Island for all time for the benefit, education and enjoyment of the people of Canada;

Whereas the designation of Sable Island as a national park reserve of Canada takes into consideration Mi’kmaq asserted rights and title in Nova Scotia, which are being addressed through the Made-in-Nova Scotia Process between the Governments of Canada and Nova Scotia and the Mi’kmaq;

Whereas under section 4 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, in the case of any inconsistency or conflict between that Act, or any regulations made under it, and any other Act that applies to the offshore area (which includes Sable Island), or any regulations made under that other Act, the former Act and the regulations made under it take precedence;

Whereas the Governments of Canada and Nova Scotia have agreed that Parliament will enact legislation amending the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act to prohibit drilling for petroleum in Sable Island National Park Reserve of Canada, or within one nautical mile seaward of Sable Island’s low-water mark, and to limit the range of surface access rights in respect of petroleum work or activity in Sable Island National Park Reserve of Canada;

Whereas it is desirable to amend the descriptions in the Canada National Parks Act of the commercial zones for the Community of Field in Yoho National Park of Canada and of the leasehold boundary of the Marmot Basin Ski Area in Jasper National Park of Canada;

And whereas it is desirable to amend that Act to provide that the dedication of the national parks of Canada to the people of Canada is subject to any Act of Parliament;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Expansion and Conservation of Canada’s National Parks Act.

PART 1SABLE ISLAND NATIONAL PARK RESERVE OF CANADA 2000, c. 32Canada National Parks Act

Marginal note:2009, c. 17, s. 6

2. Section 39 of the Canada National Parks Act is replaced by the following:

Marginal note:Application of Act to reserves

39. Subject to sections 40 to 41.3, this Act applies to a park reserve as if it were a park.

3. The Act is amended by adding the following after section 41.1:

Marginal note: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.

• Marginal note:Renewals —

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