GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Rouge National Urban Park Act — R-8.55 10
Public consultation 10 The Minister must provide opportunities for public participation, including by Aboriginal organizations, in the development of the management plan and in relation to any other matters that the Minister considers relevant.
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Agreements 11 The Minister may, for the purposes of the management of the Park, enter into agreements with federal and provincial ministers and agencies, local governments, Aboriginal organizations and other persons and organizations.
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Clearing of land for installation or maintenance of infrastructure 12 The superintendent may issue, amend, suspend and revoke any permit or other authorization for the clearing of public lands in the Park for the purpose of installing or maintaining public infrastructure, including public utilities or transportation corridors.
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Public lands 13 (1) The Minister may, in respect of public lands in the Park, enter into leases, grant easements and issue licences of occupation. Use of lands (2) Public lands in the Park in which a right or interest is held for any purpose under this Act remain part of the Park and that right or interest reverts to Her Majesty in right of Canada if those lands cease to be used for that purpose. Termination, etc. (3) The Minister may, in respect of public lands in the Park, terminate or accept the surrender of a lease and terminate or accept the relinquishment of an easement or a licence of occupation. Expropriation (4) The Expropriation Act applies in respect of the acquisition of an interest in public lands in the Park for the purposes of this Act if 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 subsection 2(1) of the Expropriation 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) Despite the Expropriation Act , no interest in land may be acquired by expropriation by Her Majesty in right of Canada for the purpose of enlarging the Park.
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Amendment to schedule 14 (1) For the purpose of enlarging the Park, the Governor in Council may, by order, amend the schedule by altering the description of the Park, if the Governor in Council is satisfied that Her Majesty in right of Canada has title to the lands that are to be included in the Park, regardless of whether there are any charges on title. Judicial finding as to title (2) If a court of competent jurisdiction finds that Her Majesty in right of Canada does not have title to lands in the Park, the Governor in Council may, by order, amend the schedule by altering the description of the Park to remove those lands from the Park.
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No disposition without authority 15 It is prohibited to dispose of public lands or a right or interest in public lands in the Park, except as permitted under this Act.
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Authority to dispose 16 (1) Public lands or a right or interest in public lands in the Park may be disposed of to a federal or provincial authority, including the Toronto and Region Conservation Authority, or to a municipal authority, if the disposal is required for the purposes of the installation or maintenance of public infrastructure, including public utilities or transportation corridors. Restriction (2) Subsection (1) ceases to apply in respect of the transfer of the fee simple in the public lands when the total amount of lands in which fee simple has been transferred under that subsection reaches an area of 200 hectares. Amendment to schedule (3) The Governor in Council may, by order, amend the schedule by altering the description of the Park to remove the lands that have been disposed of. Reversion (4) Lands disposed of under subsection (1) revert to Her Majesty in right of Canada if those lands cease to be used for the purposes for which they were disposed of.
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Mitigation of risks 17 (1) If a substance that is capable of degrading the natural environment, injuring natural or cultural resources or endangering human health is discharged or deposited in the Park, any person who has charge, management or control of the substance and any person who caused or contributed to the discharge or deposit must take reasonable measures to prevent any degradation of the natural environment and any danger to natural or cultural resources or to human health that may result from the discharge or deposit. Powers of superintendent and Minister (2) If the superintendent is of the opinion that a person is not taking the required measures, the superintendent may order the person to take those measures and, if the person fails to do so, the Minister may take those measures on behalf of Her Majesty in right of Canada. Expenses of clean-up (3) A person who fails to comply with an order given by the superintendent is liable for the expenses reasonably incurred by Her Majesty in right of Canada in taking the measures, 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.
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Definitions 18 (1) The following definitions apply in this section. hunt means to kill, injure, seize, capture or trap a wild animal, or to attempt to do so, and includes to pursue, stalk, track, search for, lie in wait for or shoot at a wild animal for any of those purposes. ( chasser ) possess includes, in relation to any person, 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 ) traffic means to sell, offer for sale, buy, offer to buy, exchange, give, send, transport or deliver. ( trafic ) wild animal means any individual of the animal kingdom that is not — or is no longer — domesticated, whether living or dead, at any developmental stage — including any egg or embryo — and any part or any derivative of such an individual. ( animal sauvage ) Prohibited activities (2) Except as permitted under this Act, it is prohibited to (a) traffic in a wild animal, a plant, a part of a plant, any other naturally occurring object or product of natural phenomena or a cultural, historical or archaeological resource, whether it is in the Park or has been removed from it; (b) hunt a wild animal in the Park; (c) remove a wild animal, a plant, a part of a plant or any other naturally occurring object or product of natural phenomena from the Park; (d) possess a wild animal, a plant, a part of a plant or any other naturally occurring object or product of natural phenomena that is in the Park or that has been removed from it; (e) disturb, harm or destroy a wild animal or disturb, damage or destroy a plant, a part of a plant or any other naturally occurring object or product of natural phenomena that is in the Park or that has been removed from it; (f) harvest timber in the Park; (g) explore for minerals, oil or gas, or conduct an extractive activity, including mining, in the Park; (h) dump or dispose of any substance in the Park; (i) disturb a cultural, historical or archaeological resource in the Park, remove one from it or, whether it is in the Park or has been removed from it, damage, alter, destroy or possess one; or (j) remove a park facility or other park property from the Park or, whether it is in the Park or has been removed from it, damage, alter or destroy a park facility or other park property. Exception — superintendent (3) Subsection (2) does not apply to the superintendent when he or she is performing his or her functions related to the management of the Park or to any other person authorized by the superintendent when they are performing those functions on the superintendent’s behalf. Exception — rescue and rehabilitation of animals (4) Subsection (2) does not apply to activities carried out by an organization whose purpose is the rescue and rehabilitation of wild animals if that organization has been authorized by the Minister to carry out those activities. Exception — recreational fishing (5) Recreational fishing is permitted in the Park, subject to any regulations that may be made under paragraph 20 (1)(f).
Rouge National Urban Park Act — R-8.55
hunt means to kill, injure, seize, capture or trap a wild animal, or to attempt to do so, and includes to pursue, stalk, track, search for, lie in wait for or shoot at a wild animal for any of those purposes. ( chasser )
Rouge National Urban Park Act — R-8.55
possess includes, in relation to any person, 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 )
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traffic means to sell, offer for sale, buy, offer to buy, exchange, give, send, transport or deliver. ( trafic )
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wild animal means any individual of the animal kingdom that is not — or is no longer — domesticated, whether living or dead, at any developmental stage — including any egg or embryo — and any part or any derivative of such an individual. ( animal sauvage )
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For greater certainty 19 For greater certainty, subsections 17 (1) and 18 (2) do not prevent the carrying out of agricultural activities by a lessee of public lands in the Park in accordance with their lease.
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, cultural, historical or archaeological 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 the 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.
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Land claims agreements 21 (1) The Governor in Council may make regulations respecting the carrying on of traditional renewable resource harvesting activities in any area of the Park in the case where an agreement for the settlement of an Aboriginal land claim entered into by the Government of Canada makes provision for those activities in that area or where Aboriginal people have existing Aboriginal or treaty rights to those activities in that area. Variation by superintendent (2) Regulations made under this section may authorize the superintendent, in the circumstances and subject to the limits that may be specified in the regulations, to vary any requirement of the regulations for purposes of public safety or the protection of natural, cultural, historical or archaeological resources in the Park.
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Incorporation by reference 22 (1) Regulations made under this Act may incorporate by reference any documents produced by a person or body other than the Minister or the superintendent. Reproduced or translated material (2) Regulations made under this Act may incorporate by reference documents that the Minister or the superintendent reproduces or translates from documents produced by a body or person other than the Minister or the superintendent (a) with any adaptations of form and reference that will facilitate their incorporation into the regulations; or (b) in a form that sets out only the parts of them that apply for the purposes of the regulations. Jointly produced documents (3) Regulations made under this Act may incorporate by reference documents that the Minister or the superintendent produces jointly with another government for the purpose of harmonizing the regulations with other laws. Internally produced standards (4) Regulations made under this Act may incorporate by reference technical or explanatory documents that the Minister or the superintendent produces, including (a) specifications, classifications, illustrations, graphs or other information of a technical nature; and (b) test methods, procedures, operational standards, safety standards or performance standards of a technical nature. Incorporation as amended from time to time (5) Documents may be incorporated by reference as amended from time to time. For greater certainty (6) Subsections (1) to (5) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections. Accessibility (7) The Minister must ensure that any document that is incorporated by reference in the regulations is accessible. Defence (8) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in the regulations is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (7) or it was otherwise accessible to the person. No registration or publication (9) For greater certainty, a document that is incorporated by reference in the regulations is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.
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Designation of park wardens 23 The Minister may designate persons appointed under the Parks Canada Agency Act whose duties include law enforcement to be park wardens for the enforcement of the provisions of this Act and the regulations and for the preservation and maintenance of the public peace in the Park, and for those purposes park wardens are peace officers within the meaning of the Criminal Code .
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Designation of enforcement officers 24 The Minister may designate persons or classes of persons who are employed in the federal public administration or by a provincial, municipal or local authority or an Aboriginal government and whose duties include law enforcement to be enforcement officers for the purposes of the enforcement of specified provisions of this Act or the regulations, and for those purposes enforcement officers have the powers of, and are entitled to the protection provided by law to, peace officers within the meaning of the Criminal Code .
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Contraventions Act 25 (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 an Aboriginal government for the purpose of the enforcement of the provisions of this Act and the regulations that relate 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 all or specified offences under this Act that have been designated as contraventions under the Contraventions Act .
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Certificate of designation and oath 26 (1) Every park warden and enforcement officer and every person designated under section 25 must be provided with a certificate of designation in a form approved by the Minister and must 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.
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Right of passage 27 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.
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Immunity 28 Park wardens and enforcement officers are not personally liable for any thing done or omitted to be done in good faith in the exercise or performance of their powers, duties or functions under this Act.
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Arrest without warrant 29 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.
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Search and seizure 30 (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) A justice of the peace may, on ex parte application, issue a warrant authorizing a park warden or enforcement officer named in the warrant to, subject to any conditions specified in it, enter and search any place, including any building or any vehicle, vessel or other conveyance, or open and examine any package or receptacle, if the justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that there is in the place, package or receptacle (a) any thing in relation to which there are reasonable grounds to believe an offence under this Act 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. 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.
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Custody of things seized 31 (1) Subject to subsections (2) and (3) and sections 43 and 44 , if a park warden or enforcement officer seizes a thing under this Act or under a warrant issued under 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 designates, must retain custody of the thing, subject to any order made under section 490 of the Criminal Code . Forfeiture if 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 must 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, in which case they must be retained by the warden or officer pending the outcome of those proceedings.
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Liability for costs 32 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.
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mit, licence or other authorization issued under the regulations or under section 12 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 corporation, other than one 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 36 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 corporation, other than one 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 36 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.
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Offences involving more than one animal, plant or object 34 (1) If an offence involves more than one wild animal, plant or object, the fine to be imposed in respect of that offence may, despite section 33 , be the total of the fines that would have been imposed if each of the wild animals, plants or objects had been the subject of a separate information. Continuing offences (2) If an offence 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 section 33 , 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 of a substantially similar offence under federal or provincial legislation that relates to environmental or wildlife protection or conservation or to the protection of natural, cultural, historical or archaeological resources. Limitation (4) For the purposes of subsection (3), only previous convictions on indictment or on summary conviction, or under any similar procedure under any Act of the legislature of a province, are to be considered as previous convictions.
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Due diligence defence 35 A person is not to be found guilty of an offence under this Act if they establish that they exercised due diligence to prevent its commission.
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Determination of small revenue corporation status 36 For the purpose of section 33 , 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.
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Fundamental purpose of sentencing 37 The fundamental purpose of sentencing for offences under this Act is to contribute to respect for the law establishing and protecting the Park 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 the Park; and (c) to restore resources in the Park.