Parks Canada Agency Act

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 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, 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, 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, to include representative examples of Canada’s land and marine natural regions in the systems of national parks and national marine conservation areas, to commemorate places, people and events of national historic significance, including Canada’s rich and ongoing aboriginal traditions, to ensure the commemorative integrity of national historic sites, to maintain or restore the ecological integrity of national parks, to ensure the ecologically sustainable use of national marine conservation areas, to protect heritage railway stations and the heritage character of federal heritage buildings, to provide leadership and support to the Canadian Heritage Rivers System, to provide Canadians with an opportunity to enjoy Canada’s special places, to maintain ecological and commemorative integrity as a prerequisite to the use of national parks and national historic sites, and 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: Short title This Act may be cited as the Parks Canada Agency Act. Definitions 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 heritage railway stations, heritage lighthouses and federal heritage buildings; Canadian heritage rivers and federal archaeology; and 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 historic canals; historic museums that may be established by the Minister under the Historic Sites and Monuments Act; the Saguenay-St. Lawrence Marine Park established by section 5 of the Saguenay-St. Lawrence Marine Park Act; the Rouge National Urban Park; and 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 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. Establishment 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. Minister responsible 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 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; heritage railway stations, heritage lighthouses, federal heritage buildings, historic places in Canada, federal archaeology and Canadian heritage rivers; and the design and implementation of programs that relate primarily to built heritage. Ministerial direction 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 Notwithstanding subsection (2), no direction may be given with respect to the matters referred to in section 13. Exercise of powers conferred on Minister 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 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. Subsection (1) does not include any power, duty or function of the Minister under this Act, other than those referred to in subsection 4(1); a power to make regulations under this or any other Act; or a power to make designations or appointments under the Historic Sites and Monuments Act or the Heritage Railway Stations Protection Act. Non-application of Statutory Instruments Act 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. Responsibilities — subject-matter 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 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 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 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. Other Acts and regulations 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 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, 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 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 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. Additions to or deletions from the schedule 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 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. Ancillary powers The Agency may, in carrying out its responsibilities, 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; 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; sell, exchange, loan or otherwise dispose of any personal property or moveables acquired, held or administered by the Agency; 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; publish, sell or otherwise disseminate studies, reports and other documents of the Agency; and do anything that is necessary or incidental to the furtherance of the purposes of the Agency. Convening round table 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 The Minister shall respond within 180 days to any written recommendations submitted during a round table convened under subsection (1). Choice of goods and services providers 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. Appointment 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 The Chief Executive Officer shall be paid the remuneration that may be fixed by the Governor in Council. Absence or incapacity 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. Role of Chief Executive Officer 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 The Chief Executive Officer has the rank and all the powers of a deputy head of a department. Guiding principles and operational policies 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 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. Personnel The Chief Executive Officer has exclusive authority to appoint, lay-off or terminate the employment of the employees of the Agency; and 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 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 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 determine the organization of and classify the positions in the Agency; set the terms and conditions of employment, including termination of employment for cause, for employees and assign duties to them; and provide for any other matters that the Chief Executive Officer considers necessary for effective human resources management in the Agency. Political activities 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 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. Negotiation of collective agreements 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. Charter for the Agency The Chief Executive Officer is responsible for establishing a charter for the Agency that sets out the values and principles governing the provision of services by the Agency to the public; and the management of the human resources of the Agency. Available to the public The charter established under subsection (1) shall be made available to the public. Principal office The principal office of the Agency shall be in the National Capital Region described in the schedule to the National Capital Act. Legal proceedings 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 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. Appropriations 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. [Repealed, 2019, c. 29, s. 334] Interpretation 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 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 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; 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: the lease or giving of a licence, the transfer to Her Majesty in any right other than Canada of administration and control, otherwise than in perpetuity, and a disposition of any right or interest, other than a disposition referred to in paragraph 21(2)(a); 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; proceeds from any money recovered under section 29; and any refund of expenditures made in previous fiscal years. Establishment of New Parks and Historic Sites Account 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 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 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: the sale or any other disposition in perpetuity of any right or interest, the transfer of administration to another minister or to an agent corporation, and the transfer of administration and control in perpetuity to Her Majesty other than in right of Canada; and 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 Despite any other Act of Parliament, amounts may be paid out of the New Parks and Historic Sites Account for the following purposes: 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; 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; 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; 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 to repay advances made under subsection 22(2). [Repealed, 2017, c. 10, s. 4] Statutory appropriation 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 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 An advance made as authorized under subsection (2) must be credited to the New Parks and Historic Sites Account. Repayment of advances 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 The amount of advances authorized under subsection (1) may be amended, from time to time, by an item in an appropriation Act. Fees for services and use of facilities The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees or the manner of calculating the fees to be paid for a service or the use of a facility provided by the Agency. Amount not to exceed cost Fees for a service or the use of a facility that are fixed under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility. Fees for products, rights and privileges The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees or the manner of calculating fees in respect of products, rights or privileges provided by the Agency. Consultation Before fixing a fee under section 23 or 24, the Minister must consult with any persons and organizations that the Minister considers to be interested in the matter. Publication The Minister must publish any fee fixed under section 23 or 24 in the Canada Gazette within thirty days after fixing it. Reference to Scrutiny Committee A fee fixed under section 23 or 24 stands permanently referred to the Committee referred to in section 19 of the Statutory Instruments Act to be reviewed and scrutinized as if it were a statutory instrument. Regulations The Treasury Board may make regulations for the purposes of sections 23 and 24. Collection of fees The Agency may enter into an agreement with any person respecting the collection of fees fixed under this Act or any other Act under which the Agency provides services, facilities, products, rights or privileges and, notwithstanding subsections 17(1) and (4) of the Financial Administration Act, authorizing that person to withhold amounts from those fees. Remission of fees The Minister may remit or refund all or part of a fee fixed under section 23 or 24 or under any other Act under which the Agency provides services, facilities, products, rights or privileges, and the interest on it. Recovery of fees and costs The Agency may recover, as a debt due to Her Majesty, any fee or charge fixed under this or any other Act, any costs incurred by the Agency, and any interest on those fees, charges or costs, that relate to providing a service, facility, product, right or privilege by the Agency under this or any other Act. The Minister may delegate to the Agency any power, duty or function conferred on the Minister under sections 23 to 25 and 28. Report — heritage areas and programs At least every five years, the Chief Executive Officer shall provide the Minister with a report, to be tabled in each House of Parliament, on the state of national parks, national historic sites, national marine conservation areas and other protected heritage areas and heritage protection programs, and on the Agency’s performance in carrying out its responsibilities under section 6. Management plans In addition to the duties in relation to management plans under the Canada National Parks Act and the Canada National Marine Conservation Areas Act, the Chief Executive Officer shall, within five years after the establishment of a national historic site or other protected heritage area, other than the Rouge National Urban Park, or within five years after the coming into force of this section, whichever is later, provide the Minister with a management plan for that national historic site or other protected heritage area in respect of any matter that the Minister deems appropriate, including, but not limited to, commemorative and ecological integrity, resource protection or visitor use, and that plan shall be tabled in each House of Parliament. Review of management plans by Minister The Minister shall review the management plan for each national historic site or other protected heritage area at least every 10 years and shall cause any amendments to the plan to be tabled in each House of Parliament. [Repealed, 2012, c. 19, s. 320] Report on human resources regime The Chief Executive Officer must, at least every five years, have prepared by a person or body, other than the Agency or any of its officers or employees, a report on the consistency of its human resources regime with the values and principles that are to govern the management of its human resources. The report prepared under subsection (1) shall be made available to the public. [Repealed, 2012, c. 19, s. 321] Official Languages Act applies For greater certainty, the Official Languages Act applies to the Agency and the Agency has the duty, under section 25 of that Act, to ensure that, where services are provided or made available by another person or organization on its behalf, any member of the public in Canada or elsewhere can communicate with and obtain those services from that person or organization in either official language, in any case where those services, if provided by the Agency, would be required under Part IV of the Official Languages Act to be provided in either official language. Appropriation Act The provisions made by any appropriation Act for the fiscal year in which this section comes into force or a subsequent fiscal year, based on the Estimates for that year, to defray the charges and expenses of the public service of Canada within the Parks Canada Sector of the Department of Canadian Heritage in relation to any matter for which the Agency is responsible by virtue of this Act are deemed to be an amount appropriated for defraying the charges and expenses of the Agency in the amount that the Treasury Board may, on the recommendation of the Minister, determine. The definitions in this section apply in sections 39 to 45. designated position has the same meaning as in subsection 2(1) of the Public Service Staff Relations Act. (poste désigné) employee means a person whose employment in the Department of Canadian Heritage is terminated under paragraph 11(2)(g.1) of the Financial Administration Act and who is appointed to the Agency following an offer of employment made by the Agency as a result of a transfer of any work, undertaking or business from the Department of Canadian Heritage to the Agency. (employé) grievance has the same meaning as in subsection 2(1) of the Public Service Staff Relations Act. (grief) Pending competitions and appointments A competition being conducted or an appointment being or about to be made under the Public Service Employment Act in respect of a position within the Department of Canadian Heritage the duties and functions of which are assigned to a position within the Agency, may continue to be conducted or made as if the Agency were a department for the purposes of that Act. Pending appeals An appeal made under section 21 of the Public Service Employment Act by any person against an appointment to a position within the Department of Canadian Heritage the duties and functions of which are assigned to a position within the Agency, and not finally disposed of on the assignment, must be dealt with and disposed of in accordance with that Act as if the Agency were a department for the purposes of that Act and the person continued to be an employee for the purposes of that Act. Other recourse Any recourse commenced by an employee under the Public Service Employment Act that has not been finally dealt with on the appointment of the employee to the Agency must be dealt with and disposed of in accordance with that Act as if the Agency were a department for the purposes of that Act and the person continued to be an employee for the purposes of that Act. Employees on probation Every employee who was considered to be on probation under section 28 of the Public Service Employment Act immediately before being appointed to the Agency continues on probation with the Agency until the end of any period established by the Public Service Commission by regulation for that employee or a class of persons of which that employee is a member. Rejection Subsection 28(2) of the Public Service Employment Act applies to an employee of the Agency who is on probation but the reference to deputy head in that subsection is to be read as a reference to the Chief Executive Officer. Designated positions If an employee, immediately before being appointed to the Agency, occupied a position that was a designated position in the Department of Canadian Heritage, that employee is, on appointment to the Agency, deemed to occupy a designated position in the Agency. Pending grievances Any grievance commenced by an employee under the Public Service Staff Relations Act that has not been finally dealt with on the appointment of the employee to the Agency, must be dealt with and disposed of in accordance with that Act as if the employee’s employment in the Department of Canadian Heritage had not been terminated. Implementation of decision A final decision with respect to a grievance referred to in subsection (1) that provides for the reinstatement of or payment of money to a person must be implemented by the Agency as soon as practicable. Successor rights For the purpose of section 48.1 of the Public Service Staff Relations Act, the Governor in Council may fix the date on which the Parks Canada Sector and any other portion of the Department of Canadian Heritage are deemed to be severed from the Department and to become a part of the Agency, and that date is to be used for the purposes of subsections 48.1(3), (6) and (7) of that Act. [Repealed, 2000, c. 32, s. 60] [Amendments] [Amendment] Coming into force This Act or any of its provisions, or any provision of an Act enacted or amended by this Act, comes into force on a day or days to be fixed by order of the Governor in Council. [Note: Act, other than sections 19 to 22, 51, 55, 56 and 61.01, in force December 21, 1998, sections 19 to 22, 51, 55, 56 and 61.01 in force April 1, 1999, see SI/99-4.]