GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Parks Canada Agency Act — P-0.4 1
Short title 1 This Act may be cited as the Parks Canada Agency Act .
Parks Canada Agency Act — P-0.4 2
Definitions 2 (1) The definitions in this section apply in this Act. Agency means the Parks Canada Agency established by section 3. ( Agence ) Chief Executive Officer means the Chief Executive Officer appointed under section 10. ( directeur général ) employee means an employee appointed under subsection 13(1). ( employé ) 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 means the Minister of the Environment. ( ministre ) 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 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 means a park or park reserve as defined in section 2 of the Canada National Parks Act . ( parc national ) 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 ) 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
Parks Canada Agency Act — P-0.4
Agency means the Parks Canada Agency established by section 3. ( Agence )
Parks Canada Agency Act — P-0.4
Chief Executive Officer means the Chief Executive Officer appointed under section 10. ( directeur général )
Parks Canada Agency Act — P-0.4
employee means an employee appointed under subsection 13(1). ( employé )
Parks Canada Agency Act — P-0.4 (a)
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 )
Parks Canada Agency Act — P-0.4
Minister means the Minister of the Environment. ( ministre )
Parks Canada Agency Act — P-0.4
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 )
Parks Canada Agency Act — P-0.4
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 )
Parks Canada Agency Act — P-0.4
national park means a park or park reserve as defined in section 2 of the Canada National Parks Act . ( parc national )
Parks Canada Agency Act — P-0.4 (a)
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 )
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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.
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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. 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. 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
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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. 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. Exception (3) Subsection (1) does not include (a) any power, duty or function of the Minister under this Act, other than those referred to in subsection 4(1); (b) a power to make regulations under this or any other Act; or (c) a power to make designations or appointments under the Historic Sites and Monuments Act or the Heritage Railway Stations Protection Act . 1998, c. 31, s. 5; 2002, c. 18, s. 35; 2005, c. 2, s. 5
Parks Canada Agency Act — P-0.4 5.1
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 .
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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. 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. 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. 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
Parks Canada Agency Act — P-0.4 6.1
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. 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
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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. 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
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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. 1998, c. 31, s. 8 2014, c. 20, s. 366(E)
Parks Canada Agency Act — P-0.4 8.1
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. Response of Minister (2) The Minister shall respond within 180 days to any written recommendations submitted during a round table convened under subsection (1).
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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)
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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. Remuneration (2) The Chief Executive Officer shall be paid the remuneration that may be fixed by the Governor in Council.
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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.
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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. Rank of deputy head (2) The Chief Executive Officer has the rank and all the powers of a deputy head of a department. 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. 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.
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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. 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). 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
Parks Canada Agency Act — P-0.4 14
Political activities 14 (1) For the purposes of Part 7 of the Public Service Employment Act , the Chief Executive Officer is deemed to be a deputy head, and an employee is deemed to be an employee, within the meaning of subsection 2(1) of that Act. Services of the Public Service Commission (2) The Public Service Commission may, at the request of the Agency, provide any service to the Agency that it is authorized to provide to a department under the Public Service Employment Act or any other related service, and may recover from the Agency the costs incurred in providing the service, and the Commission is, for greater certainty, authorized to enter into arrangements with the Agency for those purposes. 1998, c. 31, s. 14; 2003, c. 22, s. 241
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Negotiation of collective agreements 15 Notwithstanding section 112 of the Federal Public Sector Labour Relations Act , the Chief Executive Officer may, in accordance with the negotiating mandate approved by the President of the Treasury Board, enter into a collective agreement with the bargaining agent for a bargaining unit composed of employees that is applicable to employees in that bargaining unit. 1998, c. 31, s. 15; 2003, c. 22, s. 181; 2017, c. 9, s. 55
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Charter for the Agency 16 (1) The Chief Executive Officer is responsible for establishing a charter for the Agency that sets out the values and principles governing (a) the provision of services by the Agency to the public; and (b) the management of the human resources of the Agency. Available to the public (2) The charter established under subsection (1) shall be made available to the public.
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Principal office 17 The principal office of the Agency shall be in the National Capital Region described in the schedule to the National Capital Act .
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Legal proceedings 18 (1) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Agency, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Agency in the name of the Agency in any court that would have jurisdiction if the Agency were not an agent of Her Majesty. Property (2) Property acquired by the Agency is the property of Her Majesty in right of Canada and title to it may be held in the name of Her Majesty or in the name of the Agency.
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Appropriations 19 (1) Money may be appropriated by Parliament from time to time by way of a vote in an appropriation Act or any other Act of Parliament for the purposes of making operating and capital expenditures of the Agency and providing financial assistance in the form of grants and contributions. (2) [Repealed, 2019, c. 29, s. 334] 1998, c. 31, s. 19 2019, c. 29, s. 334
Parks Canada Agency Act — P-0.4 20
Interpretation 20 (1) For the purposes of paragraphs (2)(b) and 21(2)(a), terms and expressions used in those paragraphs have the same meaning as in the Federal Real Property and Federal Immovables Act . Operational revenues (2) Notwithstanding subsection 29.1(1) of the Financial Administration Act , the Agency may, for the purposes referred to in subsection 19(1), spend amounts equal to revenues resulting from the conduct of its operations in that or subsequent fiscal years, including (a) proceeds from the sale, exchange, loan or other disposition or the licensing of any personal property or moveables acquired, held or administered by the Agency; (b) proceeds from any of the following transactions in respect of federal real property and federal immovables under the administration of the Minister for the purposes of the Agency: (i) the lease or giving of a licence, (ii) the transfer to Her Majesty in any right other than Canada of administration and control, otherwise than in perpetuity, and (iii) a disposition of any right or interest, other than a disposition referred to in paragraph 21(2)(a); (c) proceeds from, including fees paid under any Act of Parliament in respect of, the provision by the Agency of a service, of the use of a facility or of a product, right or privilege; (d) proceeds from any money recovered under section 29; and (e) any refund of expenditures made in previous fiscal years. 1998, c. 31, s. 20; 2001, c. 4, s. 166
Parks Canada Agency Act — P-0.4 21
Establishment of New Parks and Historic Sites Account 21 (1) There is hereby established an account in the accounts of Canada to be called the New Parks and Historic Sites Account. Amounts credited to Account (2) There shall be credited to the New Parks and Historic Sites Account money appropriated by Parliament from time to time by way of an appropriation Act or any other Act of Parliament for the purposes specified in subsection (3), and any revenues of the Agency resulting, including proceeds, from (a) any of the following transactions in respect of federal real property and federal immovables under the administration of the Minister for the purposes of the Agency: (i) the sale or any other disposition in perpetuity of any right or interest, (ii) the transfer of administration to another minister or to an agent corporation, and (iii) the transfer of administration and control in perpetuity to Her Majesty other than in right of Canada; and (b) a gift, bequest or other form of donation made for the purposes of the Agency or for any purpose specified in subsection (3). Payments out of New Parks and Historic Sites Account (3) Despite any other Act of Parliament, amounts may be paid out of the New Parks and Historic Sites Account for the following purposes: (a) to acquire any historic place, or lands for historic museums, or any interest therein, for the purpose of paragraph 3(d) of the Historic Sites and Monuments Act ; (b) to acquire any real property or immovables for the purpose of establishing, enlarging or designating, as the case may be, any national park, national historic site, national marine conservation area or other protected heritage area; (c) to develop or maintain any national park, national historic site, national marine conservation area or other protected heritage area that is being established, enlarged or designated, and to make any related contribution or other payment; (d) to implement a decision by the Minister to recommend the establishment of a national park, national historic site, national marine conservation area or other protected heritage area, or to commemorate a historic place under section 3 of the Historic Sites and Monuments Act , and to make any related contribution or other payment; and (e) to repay advances made under subsection 22(2). (4) and (5) [Repealed, 2017, c. 10, s. 4] 1998, c. 31, s. 21; 2001, c. 4, s. 167; 2002, c. 18, s. 38; 2012, c. 19, s. 317; 2017, c. 10, s. 4
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Statutory appropriation 22 (1) There is hereby appropriated from the Consolidated Revenue Fund the amount of ten million dollars for the purpose of providing advances, from time to time, to the New Parks and Historic Sites Account. Advances to the Account (2) The Minister of Finance may, on the request of the Minister, authorize the making of advances to the New Parks and Historic Sites Account from the money appropriated under subsection (1) in accordance with any terms and conditions that have been approved by the Treasury Board. Credits to the Account (3) An advance made as authorized under subsection (2) must be credited to the New Parks and Historic Sites Account. Repayment of advances (4) The repayment of the principal amount of any advance made as authorized under subsection (2) shall, in accordance with any direction made by the Treasury Board, be charged to the New Parks and Historic Sites Account and credited to the balance outstanding of money appropriated under subsection (1), and the payment of any amount on account of interest payable on the advance may be made from money appropriated under an Act of Parliament as authorized under subsection 19(1). Amount may be changed (5) The amount of advances authorized under subsection (1) may be amended, from time to time, by an item in an appropriation Act.