The National Parks Act
AN ACT RESPECTING NATIONAL PARKS
His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
This Act may be cited as The National Parks Act...
PART 1. NATIONAL PARKS OF CANADA
Establishment of Parks
(1) The Dominion Parks as established under the provisions of the Dominion Forest Reserves and Parks Act, chapter seventy-eight, Revised Statutes of Canada, 1927, with the exception of Fort Howe and Vidals Point and Menissawok Parks, are hereby set apart as National Parks of Canada, except that the Rocky Mountains Park, which shall hereafter be known as the Banff Park, and the Jasper, Yoho, Glacier and Fort Beausejour Parks shall comprise the areas as described in the schedule to this Act; and all those parcels or tracts of land which heretofore formed a part of the said Parks, but which are outside the boundaries of said Parks as described in said schedule, are hereby withdrawn from the said Parks.
(2) The Fort Howe National Park, as set aside by Order in Council of the 30th of March, 1914, P.C. No. 848, and the Vidals Point Park as set aside by Order in Council of the 31st of October, 1921, P.C. No. 4049 and the Menissawok Park as set aside by Order in Council of the 31st of May, 1922, P.C. No. 1134, are hereby abolished.
4. The Parks are hereby dedicated to the people of Canada for their benefit, education and enjoyment, subject to the provisions of this Act and Regulations, and such Parks shall be maintained and made use of so as to leave them unimpaired for the enjoyment of future generations.
5. (1) There shall be a Commissioner of National Parks, who, subject to the direction of the Minister, shall control, manage and administer the Parks.
(2) Every Park warden and any other Park officer designated by the Minister shall have all the powers of a police constable.
(3) Every Park officer whose duties include patrolling a line of railway under construction or an operation shall be furnished, by the person constructing or operating such railway, with free transportation on all trains running on such railway in a Park and while in the discharge of his duty, whether they are passenger, freight or construction trains.
(4) The Governor in Council, on the recommendation of the Minister of Justice, may appoint, by Commission under the Great Seal, one or more fit and proper persons to be stipendiary magistrates within the Parks, and such magistrates shall be at liberty to exercise any jurisdiction which may be conferred upon them by provincial authority in matters coming within the exclusive legislative jurisdiction of the province, insofar as the exercise of such powers may be consistent with the powers hereby conferred.
(5) Every such stipendiary magistrate shall have and exercise within the limits of the Parks, all the powers, authority and jurisdiction by law appertaining to stipendiary magistrates, including the powers and authority of a police magistrate and two justices of the peace, and including the jurisdiction given to magistrates pursuant to section seven hundred and seventy four of the Criminal Code of Canada.
(6) The Governor in Council may appoint persons resident within the Parks to have, for the purposes of this Act, all the powers of a justice of the peace.
6. (1) Lands within the Parks shall not be disposed of or be located or settled upon, and no person shall use or occupy any part of such lands, except under the authority of this Act or of regulations made hereunder.
(2) The Governor in Council may sell or lease land within a Park when such land is required for the right of way or station grounds of any railway, but such land, subject to the use for which it is sold or leased, shall still be part of the Park within which it is situate; and if any such land ceases to be used for the purpose for which it was so sold or leased it shall forthwith revert to the Crown.
(3) The Governor in Council may authorize the Minister to purchase, expropriate or otherwise acquire any lands or interests therein, including the lands of Indians or of any other persons, for the purposes of a Park.
(4) The Expropriation Act shall apply to any expropriation proceedings taken under this section.
7. (1) The Governor in Council may, from time to time as he deems expedient, make regulations for,
(2) All regulations made hereunder shall be published in the Canada Gazette for a period of thirty days, and shall thereupon have the same force and effect as if herein enacted.
Penalties and Procedure
8. (1) Any person violating any provision of this Act or any regulation made hereunder shall, in addition to any civil liability thereby incurred, be liable on summary conviction to a penalty of not more than five hundred dollars, and in default of immediate payment of such penalty and of the costs of prosecution, such person may be imprisoned with or without hard labour for any term not exceeding six months.
(2) Any constable or any person having the powers of a constable under the provisions of this Act for regulations hereunder may,
(3) Where any chattel is seized under the provisions of this Act the same shall, without undue delay, be taken before a magistrate or two justices of the peace who, upon satisfactory proof that such chattel was in possession or used contrary to the provisions of this Act or was used in connection with the commission of any offence under this Act and regulations, may order same to be forfeited to His Majesty; or, in the case of timber, trees, hay or minerals, to be held for such time as may be deemed proper, pending payment of any penalty in lieu of forfeiture.
9. (1) All regulations made by the Governor in Council under the provisions of the Rocky Mountains Park Act or the Dominion Forest Reserves and Parks Act in force at the time of the passing of this Act shall continue in force until repealed.
(2) The Governor in Council shall have the like powers to repeal such regulations as in the case of regulations which the Governor in Council may make under this Act.
10. Section twenty-one and subsection two of section twenty-three of the Dominion Forest Reserves and Parks Act are hereby repealed.
11. The Governor in Council may set apart any land, the title to which is vested in His Majesty, as a National Historic Park to
and may from time to time make any changes in the areas so set apart which he may consider expedient.
12. The Governor in Council may, by order, apply to the areas set apart under this Part such provisions of sections five, seven and eight of Part I of this Act as he may, from time to time, consider advisable ...