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Parks Canada Agency Act (S.C. 1998, c. 31)

Act current to 2024-10-30 and last amended on 2021-04-01. Previous Versions

Parks Canada Agency Act

S.C. 1998, c. 31

Assented to 1998-12-03

An Act to establish the Parks Canada Agency and to amend other Acts as a consequence

Preamble

Whereas the Government of Canada wishes to establish an Agency for the purpose of ensuring that Canada’s national parks, national historic sites and related heritage areas are protected and presented for this and future generations and in order to further the achievement of the national interest as it relates to those parks, sites and heritage areas and related programs;

Whereas the Government of Canada wishes to establish an Agency that, through the exercise of its responsibilities in relation to those parks, sites and heritage areas and related programs, will reflect Canada’s values and identity and contribute to enhancing pride in Canada;

Whereas the Government of Canada wishes to establish an Agency to provide quality services to visitors and the Canadian public through alternative human resource and administrative regimes and financial authorities;

And Whereas it is in the national interest

  • (a) to protect the nationally significant examples of Canada’s natural and cultural heritage in national parks, national historic sites, national marine conservation areas and related heritage areas in view of their special role in the lives of Canadians and the fabric of the nation,

  • (b) to present that heritage through interpretive and educational programs for public understanding, appreciation and enjoyment, both for international visitors and the Canadian public, thereby enhancing pride, encouraging stewardship and giving expression to our identity as Canadians,

  • (c) to carry out Canada’s international obligations and agreements to protect, conserve and present that heritage and to contribute towards the protection and presentation of the global heritage and biodiversity,

  • (d) to include representative examples of Canada’s land and marine natural regions in the systems of national parks and national marine conservation areas,

  • (e) to commemorate places, people and events of national historic significance, including Canada’s rich and ongoing aboriginal traditions,

  • (f) to ensure the commemorative integrity of national historic sites,

  • (g) to maintain or restore the ecological integrity of national parks,

  • (h) to ensure the ecologically sustainable use of national marine conservation areas,

  • (i) to protect heritage railway stations and the heritage character of federal heritage buildings,

  • (j) to provide leadership and support to the Canadian Heritage Rivers System,

  • (k) to provide Canadians with an opportunity to enjoy Canada’s special places,

  • (l) to maintain ecological and commemorative integrity as a prerequisite to the use of national parks and national historic sites, and

  • (m) to manage visitor use and tourism to ensure both the maintenance of ecological and commemorative integrity and a quality experience in such heritage and natural areas for this and future generations;

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

    1998, c. 31, Preamble; 2002, c. 18, s. 33.

Short Title

Marginal note:Short title

1 This Act may be cited as the Parks Canada Agency Act.

Interpretation

Marginal note:Definitions

  • 2 (1) The definitions in this section apply in this Act.

    Agency

    Agency means the Parks Canada Agency established by section 3. (Agence)

    Chief Executive Officer

    Chief Executive Officer means the Chief Executive Officer appointed under section 10. (directeur général)

    employee

    employee means an employee appointed under subsection 13(1). (employé)

    heritage protection programs

    heritage protection programs includes programs that relate to

    • (a) heritage railway stations, heritage lighthouses and federal heritage buildings;

    • (b) Canadian heritage rivers and federal archaeology; and

    • (c) any other matters within the jurisdiction of the Minister that relate to areas of Canadian natural or historical significance that the Minister may, with the approval of the Governor in Council, specify for the purposes of this definition. (programmes de protection du patrimoine)

    Minister

    Minister means the Minister of the Environment. (ministre)

    national historic site

    national historic site means a place designated under subsection (2) or a national historic site of Canada to which the Canada National Parks Act applies. (lieu historique national)

    national marine conservation area

    national marine conservation area means a marine conservation area or reserve as defined in subsection 2(1) of the Canada National Marine Conservation Areas Act. (aire marine nationale de conservation)

    national park

    national park means a park or park reserve as defined in section 2 of the Canada National Parks Act. (parc national)

    other protected heritage areas

    other protected heritage areas includes

    • (a) historic canals;

    • (b) historic museums that may be established by the Minister under the Historic Sites and Monuments Act;

    • (b.1) the Saguenay-St. Lawrence Marine Park established by section 5 of the Saguenay-St. Lawrence Marine Park Act;

    • (b.2) the Rouge National Urban Park; and

    • (c) any other areas within the jurisdiction of the Minister that are of Canadian natural or historical significance and that the Minister may, with the approval of the Governor in Council, specify for the purposes of this definition. (autres lieux patrimoniaux protégés)

  • Marginal note:Designation

    (2) The Minister may designate any historic place as defined in section 2 of the Historic Sites and Monuments Act as a national historic site for the purposes of this Act.

  • 1998, c. 31, ss. 2, 61.1
  • 2000, c. 32, s. 58
  • 2002, c. 18, s. 34
  • 2005, c. 2, s. 3
  • 2008, c. 16, s. 17
  • 2015, c. 10, s. 56
Previous Version

Establishment of Agency

Marginal note:Establishment

3 There is hereby established a body corporate to be called the Parks Canada Agency, that may exercise powers and perform duties and functions only as an agent of Her Majesty in right of Canada.

Marginal note:Minister responsible

  • 4 (1) The Minister is responsible for the Agency and the powers, duties and functions of the Minister, in that capacity, extend to and include all matters over which Parliament has jurisdiction, not by law assigned to any other department, board or agency of the Government of Canada, relating to

    • (a) areas of natural or historical significance to the nation, including national parks, national marine conservation areas, national historic sites, historic canals, historic museums established under the Historic Sites and Monuments Act, Saguenay-St. Lawrence Marine Park and Rouge National Urban Park;

    • (b) heritage railway stations, heritage lighthouses, federal heritage buildings, historic places in Canada, federal archaeology and Canadian heritage rivers; and

    • (c) the design and implementation of programs that relate primarily to built heritage.

  • Marginal note:Ministerial direction

    (2) The Minister has the overall direction of the Agency, which shall comply with any general or special direction given by the Minister with reference to the carrying out of its responsibilities.

  • Marginal note:Exception

    (3) Notwithstanding subsection (2), no direction may be given with respect to the matters referred to in section 13.

  • 1998, c. 31, s. 4
  • 2005, c. 2, s. 4
  • 2008, c. 16, s. 18
  • 2015, c. 10, s. 57
Previous Version

Marginal note:Exercise of powers conferred on Minister

  • 5 (1) Subject to any direction given by the Minister, the Agency may exercise the powers and shall perform the duties and functions that relate to national parks, national historic sites, national marine conservation areas, other protected heritage areas and heritage protection programs that are conferred on, or delegated, assigned or transferred to, the Minister under any Act or regulation.

  • Marginal note:Officers and employees

    (2) An officer or employee of the Agency may exercise any power and perform any duty or function referred to in subsection (1) if the officer or employee is appointed to serve in the Agency in a capacity appropriate to the exercise of the power or the performance of the duty or function, and in so doing, shall comply with any general or special direction given by the Minister.

  • Marginal note:Exception

    (3) Subsection (1) does not include

  • 1998, c. 31, s. 5
  • 2002, c. 18, s. 35
  • 2005, c. 2, s. 5
Previous Version

Marginal note:Non-application of Statutory Instruments Act

5.1 A direction by the Minister referred to in sections 4 and 5 is not a statutory instrument for the purposes of the Statutory Instruments Act.

Marginal note:Responsibilities — subject-matter

  • 6 (1) The Agency is responsible for the implementation of policies of the Government of Canada that relate to national parks, national historic sites, national marine conservation areas, other protected heritage areas and heritage protection programs.

  • Marginal note:System plans

    (2) The Agency shall ensure that there are long-term plans in place for establishing systems of national parks, national historic sites and national marine conservation areas.

  • Marginal note:New protected heritage areas

    (3) The Agency is responsible for negotiating, and recommending to the Minister, the establishment of new national parks, national marine conservation areas and other protected heritage areas and the acquisition of national historic sites.

  • Marginal note:Responsibilities — Acts

    (4) The Agency is responsible for the administration and enforcement of the Acts listed in Part 1 of the schedule and any regulations made under those Acts and the regulations listed in Part 2 of the schedule.

  • 1998, c. 31, s. 6
  • 2002, c. 18, s. 36

Marginal note:Other Acts and regulations

  • 6.1 (1) If considerations of geography make it impractical for the body or minister responsible for administering and enforcing an Act listed in Part 3 of the schedule — or any regulation made under that Act — or any regulation listed in Part 4 of the schedule to do so in a part of Canada, the Agency may enter into an agreement with that body or minister under which the Agency may assist that body or minister in the administration and enforcement of the Act or regulation in that part of Canada.

  • Marginal note:Park wardens

    (2) For the purposes of an agreement entered into under subsection (1), persons designated as park wardens under section 18 of the Canada National Parks Act may, with the Chief Executive Officer’s approval,

    • (a) be designated under the Acts listed in Part 3 of the schedule to exercise powers set out in the designation in relation to the administration and enforcement of those Acts and any regulations made under them; and

    • (b) be designated under the Acts under which the regulations listed in Part 4 of the schedule are made to exercise powers set out in the designation in relation to the administration and enforcement of those regulations.

  • Meaning of part of Canada

    (3) In this section, part of Canada means a part of Canada that is outside national parks, national historic sites, national marine conservation areas and other protected heritage areas.

  • 2012, c. 19, s. 315

Marginal note:Additions to or deletions from the schedule

  • 7 (1) The Governor in Council may, by order, add to or delete from the schedule any Act of Parliament or regulation or part of an Act or regulation that relates to national parks, national historic sites, national marine conservation areas or other protected heritage areas or heritage protection programs.

  • Marginal note:Additions to or deletions from schedule

    (2) For the purposes of section 6.1, the Governor in Council may, by order, add to or delete from the schedule any Act of Parliament or regulation made under an Act of Parliament, or part of such an Act or regulation, that relates to the environment.

  • 1998, c. 31, s. 7
  • 2002, c. 18, s. 37
  • 2012, c. 19, s. 316
Previous Version

Marginal note:Ancillary powers

8 The Agency may, in carrying out its responsibilities,

  • (a) enter into contracts, agreements, memoranda of understanding or other arrangements with a department or agency of the Government of Canada, with any other government or any of its agencies or with any person or organization in the name of Her Majesty in right of Canada or in its own name;

  • (b) acquire any property, including securities, by way of gift, bequest or other form of donation and, subject to the terms and conditions on which the property was acquired, hold, administer, expend, sell, exchange or otherwise dispose of the property;

  • (c) sell, exchange, loan or otherwise dispose of any personal property or moveables acquired, held or administered by the Agency;

  • (d) license, assign or otherwise make available any patent, copyright, industrial design, trademark, trade secret or other like property right held, controlled or administered by the Agency;

  • (e) publish, sell or otherwise disseminate studies, reports and other documents of the Agency; and

  • (f) do anything that is necessary or incidental to the furtherance of the purposes of the Agency.

Previous Version

Marginal note:Convening round table

  • 8.1 (1) The Minister shall, at least once every two years, convene a round table of persons interested in matters for which the Agency is responsible to advise the Minister on the performance by the Agency of its responsibilities under section 6.

  • Marginal note:Response of Minister

    (2) The Minister shall respond within 180 days to any written recommendations submitted during a round table convened under subsection (1).

Marginal note:Choice of goods and services providers

9 Notwithstanding section 9 of the Department of Public Works and Government Services Act, the Agency, with the approval given generally or in a specific case by the Governor in Council, on the recommendation of the Treasury Board, may procure goods and services, including legal services, from outside the federal public administration.

  • 1998, c. 31, s. 9
  • 2003, c. 22, s. 224(E)
Previous Version

Organization of Agency

Marginal note:Appointment

  • 10 (1) The Governor in Council shall appoint an officer, to be called the Chief Executive Officer, to hold office during pleasure for a term of not more than five years, which term may be renewed for one or more further terms.

  • Marginal note:Remuneration

    (2) The Chief Executive Officer shall be paid the remuneration that may be fixed by the Governor in Council.

Marginal note:Absence or incapacity

11 In the event of the absence or incapacity of the Chief Executive Officer or a vacancy in that office, the Minister may appoint any person to exercise the powers and perform the duties and functions of the Chief Executive Officer, but no person may be so appointed for a term of more than ninety days without the approval of the Governor in Council.

Marginal note:Role of Chief Executive Officer

  • 12 (1) The Chief Executive Officer, under the direction of the Minister, has the control and management of the Agency and all matters connected with it.

  • Marginal note:Rank of deputy head

    (2) The Chief Executive Officer has the rank and all the powers of a deputy head of a department.

  • Marginal note:Guiding principles and operational policies

    (3) The Chief Executive Officer is responsible for preparing, for the Minister’s approval, guiding principles and operational policies for matters within the Agency’s responsibilities.

  • Marginal note:Delegation

    (4) The Chief Executive Officer may delegate to any person any power, duty or function conferred on the Chief Executive Officer under this Act or any other Act or regulation.

Human Resources

Marginal note:Personnel

  • 13 (1) The Chief Executive Officer has exclusive authority to

    • (a) appoint, lay-off or terminate the employment of the employees of the Agency; and

    • (b) establish standards, procedures and processes governing staffing, including the appointment, lay-off or termination of employment otherwise than for cause, of employees.

  • Marginal note:Right of employer

    (2) Nothing in the Federal Public Sector Labour Relations Act shall be construed to affect the right or authority of the Chief Executive Officer to deal with the matters referred to in paragraph (1)(b).

  • Marginal note:Human resources management

    (3) Subsections 11.1(1) and 12(2) of the Financial Administration Act do not apply with respect to the Agency and the Chief Executive Officer may

    • (a) determine the organization of and classify the positions in the Agency;

    • (b) set the terms and conditions of employment, including termination of employment for cause, for employees and assign duties to them; and

    • (c) provide for any other matters that the Chief Executive Officer considers necessary for effective human resources management in the Agency.

  • 1998, c. 31, s. 13
  • 2003, c. 22, ss. 180, 223(E)
  • 2017, c. 9, s. 55
Previous Version

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