Expansion and Conservation of Canada’s National Parks Act

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

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 6, 2013 Passed That, in relation to 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, not more than five further hours shall be allotted to the consideration of the second reading stage of the Bill; and that, at the expiry of the five hours provided for the consideration of the second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

June 19th, 2013 / 4:20 p.m.
See context

Conservative

The Speaker Conservative Andrew Scheer

I have the honour to inform the House that when the House did attend His Excellency the Governor General in the Senate chamber, His Excellency was pleased to give, in Her Majesty's name, the royal assent to certain bills:

C-321, An Act to amend the Canada Post Corporation Act (library materials)—Chapter 10, 2013.

C-37, An Act to amend the Criminal Code—Chapter 11, 2013.

C-383, An Act to amend the International Boundary Waters Treaty Act and the International River Improvements Act—Chapter 12, 2013.

S-9, An Act to amend the Criminal Code—Chapter 13, 2013.

C-47, An Act to enact the Nunavut Planning and Project Assessment Act and the Northwest Territories Surface Rights Board Act and to make related and consequential amendments to other Acts —Chapter 14, 2013.

C-309, An Act to amend the Criminal Code (concealment of identity)—Chapter 15, 2013.

C-43, An Act to amend the Immigration and Refugee Protection Act—Chapter 16, 2013.

S-213, An Act respecting a national day of remembrance to honour Canadian veterans of the Korean War—Chapter 17, 2013.

C-42, An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts—Chapter 18, 2013.

S-209, An Act to amend the Criminal Code (prize fights)—Chapter 19, 2013.

S-2, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves—Chapter 20, 2013.

S-8, An Act respecting the safety of drinking water on First Nation lands—Chapter 21, 2013.

C-63, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2014—Chapter 22, 2013.

C-64, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2014—Chapter 23, 2013.

C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts—Chapter 24, 2013.

C-62, An Act to give effect to the Yale First Nation Final Agreement and to make consequential amendments to other Acts—Chapter 25, 2013.

S-14, An Act to amend the Corruption of Foreign Public Officials Act—Chapter 26, 2013.

S-17, An Act to implement conventions, protocols, agreements and a supplementary convention, concluded between Canada and Namibia, Serbia, Poland, Hong Kong, Luxembourg and Switzerland, for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes—Chapter 27, 2013.

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—Chapter 28, 2013.

It being 4:24 p.m., the House stands adjourned until Monday, September 16, 2013, at 11 a.m., pursuant to Standing Orders 28(2) and 24(1).

(The House adjourned at 4:24 p.m.)

Expansion and Conservation of Canada’s National Parks ActGovernment Orders

June 18th, 2013 / 7:50 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I move:

That, notwithstanding any Standing or Special Order or usual practice of the House, 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, be deemed concurred in at the report stage and deemed read a third time and passed.

Business of the HouseGovernment Orders

June 18th, 2013 / 12:30 p.m.
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Conservative

Mike Wallace Conservative Burlington, ON

Mr. Speaker, there has been consultation among the parties and I believe it is possible that you could find unanimous consent for the following motion:

That 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, be taken up at the report stage later today.

Environment and Sustainable DevelopmentCommittees of the HouseRoutine Proceedings

June 18th, 2013 / 10:05 a.m.
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Conservative

Peter Van Loan Conservative York—Simcoe, ON

Mr. Speaker, there have been consultations among the parties and I am hopeful that you could find unanimous consent for the following motion:

That 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 may be taken up at report stage later this day.

Environment and Sustainable DevelopmentCommittees of the HouseRoutine Proceedings

June 18th, 2013 / 10:05 a.m.
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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, I have the honour to present, in both official languages, the eighth report of the Standing Committee on Environment and Sustainable Development.

In accordance with its order of reference of Monday, June 10, 2013, your committee has considered 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, and agreed on Monday, June 17, 2013 to report it without amendment.

June 18th, 2013 / 9:45 a.m.
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Conservative

The Chair Conservative Harold Albrecht

Thank you very much.

I want again to thank Minister Kent and his officials for being with us today.

Thank you, committee, for great questioning.

At this point, we have the honour to adjourn, and then I have the honour of presenting Bill S-15 to the House in a few minutes. So we're going to adjourn at this point.

Thank you very much.

June 18th, 2013 / 9:45 a.m.
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Conservative

Peter Kent Conservative Thornhill, ON

Certainly I look forward, I hope in the very near future—and thank you for your consideration of Bill S-15, as I said at the beginning—to bringing any new proposed legislation before the committee for consideration.

June 17th, 2013 / 9:20 p.m.
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Conservative

Michelle Rempel Conservative Calgary Centre-North, AB

Mr. Chair, the preamble to Bill S-15 is not repeated in the provincial legislation, so it would only apply to the federal act. The proposed amendment calls on the Government of Nova Scotia to, in part, not use Bill S-15 as a precedent for creating new national parks in areas of oil and gas exploration, or allowing oil and gas exploration in any new national parks. This subject matter is not germane to the province of Nova Scotia.

The preamble as currently written suggests that Parks Canada should no longer consider proposed national parks should they be located in areas of oil and gas exploration. This could constitute an enormous constraint on Parks Canada's ability to complete the national parks system.

I think this was the point that was made by Ms. Leslie in her questioning of certain witnesses. This is a park that exists within an area of hydrocarbon exploration, and we're actually getting an enormous ecological integrity gain from this legislation.

The preamble is redundant in that Bill S-15 does not amend the Canada National Parks Act to permit petroleum exploration and drilling activities in any national park or national park reserve, nor in any future national park or national park reserve.

June 17th, 2013 / 9:15 p.m.
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Conservative

The Chair Conservative Harold Albrecht

I will give my ruling at this point.

Bill S-15 amends the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act by prohibiting drilling for petroleum, by restricting surface access rights, and by providing for the issuance of licences and authorizations with respect to activities that may be carried out in Sable Island national park reserve of Canada.

The proposed amendment aims to also review the working relationship between the Parks Canada agency and the Canada-Nova Scotia Offshore Petroleum Board.

House of Commons Procedure and Practice, Second Edition, states on page 766:

An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.

In the opinion of the chair, the “working relationship between the Parks Canada agency and the Canada-Nova Scotia Offshore Petroleum Board” is beyond the scope of Bill S-15 and is therefore inadmissible.

(Clause 16 agreed to)

Shall the short title carry?

June 17th, 2013 / 9:15 p.m.
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Conservative

Michelle Rempel Conservative Calgary Centre-North, AB

This will shock you, Mr. Chair.

We also think that a parliamentary review is good, but there is another way. The issue I have with this particular amendment is that it would have the effect of amending the section dealing specifically with the Marmot Basin ski area in Jasper National Park. But the proposed amendment, in our opinion, is redundant in that, within five years, Parks Canada must table in Parliament a management plan for Sable Island national park reserve. This will provide the opportunity for a parliamentary review of the overall management of Sable Island, including the provisions of Bill S-15, as well as the work of Parks Canada with the Offshore Petroleum Board.

June 17th, 2013 / 9:15 p.m.
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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

This is a review clause. It would require Parliament, most likely a committee, to study not only the operation of this act but also the working relationship between Parks Canada and the Canada-Nova Scotia Offshore Petroleum Board.

I want to make sure we get this right and that we don't forget about Sable Island after Bill S-15 receives royal assent. I'm proposing that we come back and take another look at it in five years. How has it fared? How is it being enforced? What is the health of the island, its ecosystem, and wildlife? Also, what is the relationship between Parks Canada and the board? Are there areas of friction or concern? How can we smooth those out?

June 17th, 2013 / 9:10 p.m.
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Conservative

The Chair Conservative Harold Albrecht

I think we're ready for my ruling; at least that's my impression.

Bill S-15 amends the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act 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. This amendment proposes to lay any proposed memorandum of understanding concluded between the board and Parks Canada agency under section 46 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act before each House of Parliament.

House of Commons Procedure and Practice, Second Edition, states on page 766:

An amendment to a bill that was referred to committee after second reading is out order if it is beyond the scope and principle of the bill.

In the opinion of the chair, the amendment attempts to introduce a new concept that is beyond the scope of Bill S-15 and is therefore inadmissible.

(Clause 8 agreed to)

(Clauses 9 to 15 inclusive agreed to)

June 17th, 2013 / 9 p.m.
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Conservative

The Chair Conservative Harold Albrecht

I have a ruling on amendment MAY-4 as well.

Bill S-15 amends the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act by prohibiting any work or activity related to the drilling for petroleum. This amendment would permit the establishment of any facilities related to emergency evacuation without the board's authorization.

House of Commons Procedure and Practice, Second Edition, states on page 766:

An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.

In the opinion of the chair, this amendment is contrary to the provisions of clauses 6 and 8 of Bill S-15 and is therefore inadmissible.

Amendment MAY-5 is deemed moved.

(Amendment negatived [See Minutes of Proceedings])

We're on amendment MAY-6.

(Amendment negatived [See Minutes of Proceedings])

Now we have amendment LIB-1.

Ms. Duncan, you have a minute to speak to your amendment.

June 17th, 2013 / 8:45 p.m.
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Conservative

The Chair Conservative Harold Albrecht

I do have a ruling on it, but is there debate first?

Okay. The motion has been made. However, the ruling is that Bill S-15 amends the Canada National Parks Act to ensure continuity of existing leases, easements, and licences of occupation in or on the Sable Island National Park Reserve of Canada. This amendment proposes to subject the continuity to pending consultations with first nations and the general public.

House of Commons Procedure and Practice, Second Edition, states on page 766:

An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.

In the opinion of the chair, this condition is contrary to the provisions of clause 3 of Bill S-15 and is therefore inadmissible.

This ruling also applies to amendment MAY-2.

(Clause 3 agreed to)

(Clauses 4 and 5 agreed to)

(On clause 6)

On clause 6, amendment MAY-3 is deemed moved. Debate.