S-15
First Session, Forty-first Parliament,
60-61-62 Elizabeth II, 2011-2012-2013
SENATE OF CANADA
BILL S-15
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
first reading, February 12, 2013
LEADER OF THE GOVERNMENT IN THE SENATE
90678
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.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
1st Session, 41st Parliament,
60-61-62 Elizabeth II, 2011-2012-2013
senate of canada
BILL S-15
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
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
Short title
1. This Act may be cited as the Expansion and Conservation of Canada’s National Parks Act.
PART 1
SABLE ISLAND NATIONAL PARK RESERVE OF CANADA
2000, c. 32
Canada National Parks Act
2009, c. 17, s. 6
2. Section 39 of the Canada National Parks Act is replaced by the following:
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:
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.
4. Schedule 2 to the Act is amended by adding the following after the description of Gulf Islands National Park Reserve of Canada:
SABLE ISLAND NATIONAL PARK RESERVE OF CANADA
All that lot, piece or parcel of land, within Nova Scotia, situate, lying and being in the Atlantic Ocean, located southeast of the City of Halifax in Nova Scotia and more particularly described as follows:
All of Sable Island located near the geographic coordinates 43°56′ north latitude and 59°55′ west longitude including its shore and foreshore;
Said parcel containing an area of approximately 30 square kilometres.
1988, c. 28
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
5. Section 2 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is amended by adding the following in alphabetical order:
“Sable Island National Park Reserve of Canada”« réserve à vocation de parc national de l’Île-de-Sable du Canada »
“Sable Island National Park Reserve of Canada” means Sable Island National Park Reserve of Canada as described in Schedule 2 to the Canada National Parks Act;
6. The Act is amended by adding the following after section 140:
Prohibition — Sable Island National Park Reserve of Canada
140.1 No person shall carry on any work or activity related to the drilling for petroleum, including exploratory drilling for petroleum, in Sable Island National Park Reserve of Canada or within one nautical mile seaward of its low-water mark.
7. The Act is amended by adding the following after section 142:
Authorizations — Sable Island National Park Reserve of Canada
142.01 (1) If the Board receives an application for an authorization with respect to a work or activity proposed to be carried on in Sable Island National Park Reserve of Canada, it shall, within 60 days after the day on which it received the application, provide a copy of the application to the Parks Canada Agency.
Parks Canada Agency
(2) The Parks Canada Agency shall, within 60 days after the day on which it received the copy of the application, advise the Board in writing about any potential impact of the proposed work or activity on the management of the surface of Sable Island National Park Reserve of Canada.
Board to consider advice
(3) Before deciding whether to issue the authorization, the Board shall consider any advice that it receives under subsection (2). If it issues the authorization, it may include in it terms and conditions, including mitigation or remedial measures, to address the potential impact of the proposed work or activity on the management of the surface of Sable Island National Park Reserve of Canada.
8. Section 142.1 of the Act is amended by adding the following after subsection (2):
Sable Island National Park Reserve of Canada
(3) With respect to Sable Island National Park Reserve of Canada, the surface access rights provided for under this section are limited to the following:
(a) access to existing wellheads for the purposes of safety and environmental protection;
(b) petroleum exploration activities with a low impact on the environment, including seismic, geological or geophysical programs;
(c) emergency evacuation capacity for offshore workers; and
(d) the operation, maintenance and inspection of emergency facilities, including helicopter landing and fuel storage facilities.
2001, c. 26
Consequential Amendments to the Canada Shipping Act, 2001
9. Section 134 of the Canada Shipping Act, 2001 and the heading before it are repealed.
2005, c. 29, s. 18
10. Paragraphs 136(2)(a) and (b) of the Act are repealed.
11. Section 139 of the Act is repealed.
Coming into Force
Order in council
12. This Part comes into force on a day to be fixed by order of the Governor in Council.
PART 2
2000, c. 32
OTHER AMENDMENTS TO THE CANADA NATIONAL PARKS ACT
Amendments
13. Subsection 4(1) of the Canada National Parks Act is replaced by the following:
Parks dedicated to public
4. (1) The national parks of Canada are dedicated to the people of Canada for their benefit, education and enjoyment, subject to any Act of Parliament, and the parks shall be maintained and made use of so as to leave them unimpaired for the enjoyment of future generations.
SOR/2004-116, s. 1
14. Schedule 4 to the Act is amended by replacing the description of commercial zones in column 3 opposite the reference “1. Field” in column 1 with the following:
Column 1
Column 3
Name of Community
Description of Commercial Zones
1. Field
Plans 88097, 98121 and 98125 recorded in the Canada Lands Surveys Records at Ottawa and the lands in the Province of British Columbia, in Kootenay District, in the Townsite of Field as shown on a plan 88096 recorded in the Canada Lands Surveys Records at Ottawa, in Yoho National Park of Canada, more particularly described as follows:
Firstly;
That part of Lot W as shown on the plan recorded in the Canada Lands Surveys Records at Ottawa under number 37572, said part described as follows:
Commencing at an iron bar located at a bearing of 225°02′51″ a distance of 50.04 metres from an iron bar located on the west boundary of Second Street East and labelled as Point 52 on a plan recorded in the said Canada Lands Surveys Records under number 52883;
Thence continuing on a bearing of 225°02′51″ a distance of 32.46 metres to a capped post;
Thence on a bearing of 250°37′12″ a distance of 20.12 metres to an iron post;
Thence on a bearing of 333°06′36″ a distance of 26.06 metres to an iron post;
Thence on a curve to the right having a radius of 268.10 metres, an arc distance of 9.18 metres, having a chord bearing of 64°05′21″ and a chord distance of 9.18 metres to a capped post;
Thence on a bearing of 335°04′20″ a distance of 2.00 metres to an iron post;
Thence on a bearing of 65°04′11″ a distance of 42.25 metres to an iron post;
Thence on a bearing of 155°04′20″ a distance of 19.03 metres more or less, to the point of commencement.
The said parcel being shown as Lot 1 on a plan recorded in the Vancouver office of Legal Surveys Division of Natural Resources Canada under number MPS768;
The said parcel containing an area of 1329 square metres more or less.
Secondly;
That part of Lot W as shown on a plan recorded in the Canada Lands Surveys Records at Ottawa under number 37572, said part described as follows:
Commencing at an iron post located at a bearing of 294°49′39″ a distance of 16.78 metres from an iron post, said iron post being located at a bearing of 198°21′20″ a distance of 29.64 metres from an iron post located on the north west boundary of Stephen Avenue and labelled as Point 329 on a plan recorded in the said Canada Lands Surveys Records under number 52883;
Thence on a bearing of 201°30′39″ a distance of 25.27 metres to an iron post;
Thence on a bearing of 289°42′06″ a distance of 56.77 metres to an iron post;
Thence on a bearing of 19°42′06″ a distance of 25.26 metres to an iron post;
Thence on a bearing of 109°42′06″ a distance of 57.57 metres more or less, to the point of commencement.
The said parcel being shown as Lot 3 on a plan recorded in the Vancouver office of Legal Surveys Division of Natural Resources Canada under number MPS768;
The said parcel containing an area of 1444 square metres more or less.
Thirdly;
That part of Lot W as shown on the plan recorded in the Canada Lands Surveys Records at Ottawa under number 37572, described as follows:
Commencing at an iron post located at a bearing of 198°21′20″ a distance of 29.64 metres from an iron post located on the north west boundary of Stephen Avenue and labelled as Point 329 on a plan recorded in the said Canada Lands Surveys Records under number 52883;
Thence continuing on a bearing of 198°21′20″ a distance of 18.54 metres to an iron post;
Thence on a bearing of 252°10′46″ a distance of 8.58 metres to an iron post;
Thence on a bearing of 289°42′06″ a distance of 11.15 metres to an iron post;
Thence on a bearing of 21°30′39″ a distance of 25.27 metres to an iron post;
Thence on a bearing of 114°49′39″ a distance of 16.78 metres more or less, to the point of commencement.
The said parcel being shown as Lot 4 on a plan recorded in the Vancouver office of Legal Surveys Division of Natural Resources Canada under number MPS768;
The said parcel containing an area of 408 square metres more or less.
All bearings are astronomic and are derived from the bearing between found capped posts on the boundary of the Townsite of Field as shown on a plan recorded in the said Canada Lands Surveys Records under number 83808, said capped posts labelled on this plan as points 33 and 34A and having a bearing between them of 63°15′40″.
15. The description of “MARMOT BASIN SKI AREA” in Schedule 5 to the Act is replaced by the following:
In Jasper National Park of Canada, the following described area:
The whole of parcel GS and parcels GT and GU as shown on Plan numbers 98059 and 98067 respectively in the Canada Lands Surveys Records at Ottawa, copies of which have been deposited in the Land Titles Office for the North Alberta Land Registration District at Edmonton under numbers 112 0917 and 112 0921 respectively, said parcels containing 622 hectares, more or less.
Coming into Force
Order in council
16. Section 15 comes into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Senate of CanadaAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada
Explanatory Notes
Canada National Parks Act
Clause 2: Existing text of section 39:
39. Subject to sections 40 to 41.1, this Act applies to a park reserve as if it were a park.
Clause 3: New.
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
Clause 5: New.
Clause 6: New.
Clause 7: New.
Clause 8: New.
Canada Shipping Act, 2001
Clause 9: Existing text of the heading and section 134:
Sable Island
134. No person shall be present on Sable Island unless the person
(a) has been so authorized in writing by the Minister and meets any terms and conditions specified in the authorization;
(b) is there to perform duties on behalf of the Government of Canada; or
(c) landed on the Island because of adverse weather conditions or the wreck or distress of a vessel or an aircraft that the person was on.
Clause 10: Relevant portion of subsection 136(2):
(2) The Governor in Council may, on the recommendation of the Minister, make regulations
(a) respecting the administration and control of Sable Island;
(b) specifying classes of persons, or appointing persons, to ensure compliance with regulations made under paragraph (a) and specifying their powers and duties; and
Clause 11: Existing text of section 139:
139. Every person who contravenes section 134 (unauthorized presence on Sable Island) commits an offence and is liable on summary conviction to a fine of not more than $10,000.
Canada National Parks Act
Clause 13: Existing text of subsection 4(1):
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.