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Vol. 138, No. 13 — March 27, 2004 Order Amending the National Historic Parks OrderStatutory Authority Canada National Parks Act Sponsoring Agency Parks Canada Agency REGULATORY IMPACT Description The Canada National Parks Act received Royal Assent in October 2000 and was brought into force by proclamation in February 2001. The Act includes provisions respecting the national historic sites of Canada that are administered by Parks Canada. Under the former National Parks Act, 51 national historic parks were described separately in the National Historic Parks Order. The purpose of this initiative would be to amend the current National Historic Parks Order to reflect the provisions of section 42 of the Canada National Parks Act. Under section 42 of the Act, the Governor in Council is authorized to 1. Set apart any land, the title to which is vested in Her Majesty in right of Canada, as a national historic site of Canada in order to commemorate a historic event of national importance or preserve a historic landmark, or any object of historic, prehistoric or scientific interest, that is of national importance; 2. Make changes to the areas set apart as national historic sites of Canada; and 3. Extend the application of certain provisions of the Canada National Parks Act to the national historic sites of Canada. These amendments to the Order would 1. Change the term "national historic park," which appeared in the former National Parks Act, to the term "national historic site," which appears in the new Canada National Parks Act. The change was made to bring the legislation into conformity with international and national practice where the term "national historic site" is commonly understood to mean places of historical importance. 2. Change the names of the historic parks that appear in the current Order to reflect the new terminology. Lower Fort Garry National Historic Park, for example, would become Lower Fort Garry National Historic Site of Canada. 3. Identify the appropriate provisions of the new Canada National Parks Act that could be extended to the national historic sites. These include the provisions to (a) give the Minister of the Environment responsibility for the administration, management and control of the national historic sites; (b) require the Minister to consult on the development of national historic sites policy and the formulation of management plans; (c) allow the Governor in Council to make regulations respecting the preservation, control and management of the national historic sites; (d) confer powers on park wardens and enforcement officers; and (e) set out the fines and penalties for contravention of the Act and regulations. These provisions essentially reflect those of the former National Parks Act which could be applied to the national historic parks. Where regulatory regimes exist, they will continue to apply. A significant new provision was added to the Canada National Parks Act, which, by virtue of these amendments, could be extended to the national historic sites. This relates to a regulation-making authority for the exercise of traditional renewable resource harvesting activities. Once the proposed Order comes into effect, regulations could, therefore, be made for traditional harvesting activities in national historic sites. Alternatives The only alternative is to maintain the status quo. Maintaining the status quo is not acceptable as the current Order is inconsistent with the provisions of the current Canada National Parks Act regarding the national historic sites. Benefits and costs The major benefit of these amendments is to update the terminology and references to the appropriate provisions of the Canada National Parks Act that apply to national historic sites. There are no operational costs for Parks Canada associated with this initiative. Consultation The amendments are technical and administrative. The dimensions of the national historic sites and respective land descriptions in the Order would not be changed. Although new regulation-making authorities would be extended to the historic sites described in this Order, no new regulations would be effected through this initiative. As this initiative would essentially make changes to terminology and serve to adapt to updated enabling legislation, no prior public consultations were undertaken on the matter. The initiative would have no significant impact on the public in general. Compliance and enforcement There are no compliance or enforcement issues associated with this Order in Council. Ms. Julie Gauthier, Project Manager, Regulatory Development, Legislation and Policy Branch, National Parks Directorate, 25 Eddy Street, 4th Floor, Gatineau, Quebec K1A 0M5, (819) 994-5138 (telephone), (819) 997-0835 (facsimile). Notice is hereby given that the Governor in Council, pursuant to subsections 42(1) and (3) of the Canada National Parks Act (see footnote a), proposes to make the annexed Order Amending the National Historic Parks Order. Interested persons may make representations with respect to the proposed Order within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Julie Gauthier, Program Manager, Regulatory Development, National Parks Directorate, Parks Canada, 4th floor, 25 Eddy Street, Gatineau, Quebec K1A 0M5 (fax: (819) 997-0835). Ottawa, March 23, 2004
EILEEN BOYD
ORDER AMENDING THE AMENDMENTS 1. The long title of the National Historic Parks Order (see footnote 1) is replaced by the following: NATIONAL HISTORIC SITES OF CANADA ORDER 2. The heading before section 1 and sections 1 to 3 of the Order are replaced by the following: NATIONAL HISTORIC SITES OF CANADA 1. The lands described in the schedule, title to which is vested in Her Majesty, constitute the National Historic Sites of Canada. APPLICATION OF ACT 2. Subsection 8(1), section 12, subsections 16(1) to (3), sections 17 to 23, subsections 24(2) and (3) and sections 25 to 32 of the Canada National Parks Act apply to the National Historic Sites of Canada. 3. The heading "SCHEDULE" of the Order is replaced by the following: SCHEDULE 4. The portion of the schedule to the Order under the heading "BRITISH COLUMBIA" is amended by replacing the reference (a) "Chilkoot Trail National Historic Park comprising the following described area:" with the following: Chilkoot Trail National Historic Site of Canada comprising the following described area: (b) "Fort Langley National Historic Park comprising the following described area:" with the following: Fort Langley National Historic Site of Canada comprising the following described area: (c) "Fort Rod Hill National Historic Park comprising the following described area:" with the following: Fort Rodd Hill National Historic Site of Canada comprising the following described area: (d) "Kitwanga Fort National Historic Park comprising the following described area:" with the following: Kitwanga Fort National Historic Site of Canada comprising the following described area: 5. The portion of the schedule to the Order under the heading "ALBERTA" is amended by replacing the reference "Rocky Mountain House National Historic Park comprising the following described area:" with the following: Rocky Mountain House National Historic Site of Canada comprising the following described area: 6. The portion of the schedule to the Order under the heading "SASKATCHEWAN" is amended by replacing the reference (a) "Batoche National Historic Park comprising the following described area:" with the following: Batoche National Historic Site of Canada comprising the following described area: (b) "Fort Battleford National Historic Park comprising the following described area:" with the following: Fort Battleford National Historic Site of Canada comprising the following described area: (c) "Fort Walsh National Historic Park comprising the following described area:" with the following: Fort Walsh National Historic Site of Canada comprising the following described area: (d) "Motherwell Homestead National Historic Park comprising the following described area:" with the following: Motherwell Homestead National Historic Site of Canada comprising the following described area: 7. The portion of the schedule to the Order under the heading "MANITOBA" is amended by replacing the reference (a) "Fort Prince of Wales National Historic Park comprising the following described area:" with the following: Prince of Wales Fort National Historic Site of Canada comprising the following described area: (b) "Lower Fort Garry National Historic Park comprising the following described area:" with the following: Lower Fort Garry National Historic Site of Canada comprising the following described area: (c) "Riel House National Historic Park comprising the following described area:" with the following: Riel House National Historic Site of Canada comprising the following described area: (d) "ST. ANDREW'S RECTORY NATIONAL HISTORIC PARK comprising the following described area:" with the following: St. Andrew's Rectory National Historic Site of Canada comprising the following described area: (e) "THE FORKS NATIONAL HISTORIC PARK comprising the following described area:" with the following: The Forks National Historic Site of Canada comprising the following described area: 8. The portion of the schedule to the Order under the heading "ONTARIO" is amended by replacing the reference (a) "Bellevue House National Historic Park comprising the following described area:" with the following: Bellevue House National Historic Site of Canada comprising the following described area: (b) "Fort George National Historic Park comprising the following described area:" with the following: Fort George National Historic Site of Canada comprising the following described area: (c) "Fort Malden National Historic Park comprising the following described area:" with the following: Fort Malden National Historic Site of Canada comprising the following described area: (d) "Fort St. Joseph National Historic Park comprising the following described area:" with the following: Fort St. Joseph National Historic Site of Canada comprising the following described area: (e) "Fort Wellington National Historic Park comprising the following described area:" with the following: Fort Wellington National Historic Site of Canada comprising the following described area: (f) "Woodside National Historic Park comprising the area" with the following: Woodside National Historic Site of Canada comprising the area 9. The portion of the schedule to the Order under the heading "QUEBEC" is amended by replacing the reference (a) "Battle of the Châteauguay National Historic Park comprising the following described area:" with the following: Battle of the Châteauguay National Historic Site of Canada comprising the following described area: (b) "Battle of the Restigouche National Historic Park comprising the following described area:" with the following: Battle of the Restigouche National Historic Site of Canada comprising the following described area: (c) "Cartier Brébeuf National Historic Park comprising the following described area:" with the following: Cartier-Brébeuf National Historic Site of Canada comprising the following described area: (d) "Coteau-du-Lac National Historic Park comprising the following described area:" with the following: Coteau-du-Lac National Historic Site of Canada comprising the following described area: (e) "Fort Chambly Historic National Park comprising the following described area:" with the following: Fort Chambly National Historic Site of Canada comprising the following described area: (f) "Fort Lennox National Historic Park comprising the following described area:" with the following: Fort Lennox National Historic Site of Canada comprising the following described area: (g) "Fort Témiscamingue National Historic Park comprising the following described area:" with the following: Fort Témiscamingue National Historic Site of Canada comprising the following described area: (h) "Fur Trade at Lachine National Historic Park comprising the following described area:" with the following: The Fur Trade at Lachine National Historic Site of Canada comprising the following described area: (i) "Louis S. St. Laurent National Historic Park comprising the following described area:" with the following: Louis S. St. Laurent National Historic Site of Canada comprising the following described area: (j) "Sir George-Étienne Cartier National Historic Park comprising the following described area:" with the following: Sir George-Étienne Cartier National Historic Site of Canada comprising the following described area: (k) "Sir Wilfrid Laurier National Historic Park comprising the following described area:" with the following: Sir Wilfrid Laurier National Historic Site of Canada comprising the following described area: (l) "Fort No. 1, Pointe Lévis National Historic Park comprising the following described area:" with the following: Lévis Forts National Historic Site of Canada comprising the following described area: 10. The portion of the schedule to the Order under the heading "NEW BRUNSWICK" is amended by replacing the reference (a) "Beaubear's Island National Historic Park, J. Leonard O'Brien Memorial comprising the following described area:" with the following: Boishébert National Historic Site of Canada comprising the following described area: (b) "Carleton Martello Tower National Historic Park comprising the following described area:" with the following: Carleton Martello Tower National Historic Site of Canada comprising the following described area: (c) "Fort Beauséjour National Historic Park comprising the following described area:" with the following: Fort Beauséjour National Historic Site of Canada comprising the following described area: 11. The portion of the schedule to the Order under the heading "NOVA SCOTIA" is amended by replacing the reference (a) "Alexander Graham Bell National Historic Park comprising the following described area:" with the following: Alexander Graham Bell National Historic Site of Canada comprising the following described area: (b) "Fort Anne National Historic Park comprising the following described area:" with the following: Fort Anne National Historic Site of Canada comprising the following described area: (c) "Fortress of Louisbourg National Historic Park comprising the areas" with the following: Fortress of Louisbourg National Historic Site of Canada comprising the area (d) "Grand Pré National Historic Park comprising the areas as described in the Deeds therefor, as follows:" with the following: Grand-Pré National Historic Site of Canada comprising the following described area: (e) "GRASSY ISLAND NATIONAL HISTORIC PARK comprising the following described area:" with the following: Grassy Island Fort National Historic Site of Canada comprising the following described area: (f) "Halifax Citadel National Historic Park comprising the following described area:" with the following: Halifax Citadel National Historic Site of Canada comprising the following described area: (g) "Port Royal National Historic Park comprising the areas as described in the Deeds therefor, as follows:" with the following: Port-Royal National Historic Site of Canada comprising the following described area: (h) "Prince of Wales Tower National Historic Park comprising the following described area:" with the following: Prince of Wales Tower National Historic Site of Canada comprising the following described area: (i) "York Redoubt National Historic Park comprising the following described area:" with the following: York Redoubt National Historic Site of Canada comprising the following described area: 12. The portion of the schedule to the Order under the heading "PRINCE EDWARD ISLAND" is amended by replacing the reference (a) "Ardgowan National Historic Park comprising the following described area:" with the following: Ardgowan National Historic Site of Canada comprising the following described area: (b) "Fort Amherst/Port La Joye National Historic Park comprising the following described area:" with the following: Port-la-Joye-Fort Amherst National Historic Site of Canada comprising the following described area: 13. (1) The heading "NEWFOUNDLAND" in the schedule to the Order is replaced by the following: NEWFOUNDLAND AND LABRADOR (2) The portion of the schedule to the Order under the heading "NEWFOUNDLAND AND LABRADOR" is amended by replacing the reference (a) "L'Anse aux Meadows National Historic Park comprising the following described area:" with the following: L'Anse aux Meadows National Historic Site of Canada comprising the following described area: (b) "Cape Spear National Historic Park comprising the areas as described in the Deeds therefor, as follows:" with the following: Cape Spear National Historic Site of Canada comprising the following described area: (c) "Castle Hill National Historic Park comprising the following described area;" with the following: Castle Hill National Historic Site of Canada comprising the following described area: (d) "PORT AU CHOIX NATIONAL HISTORIC PARK comprising the following described area:" with the following: Port au Choix National Historic Site of Canada comprising the following described area: (e) "Signal Hill National Historic Park comprising the areas as described in the Deeds therefor, as follows:" with the following: Signal Hill National Historic Site of Canada comprising the following described area: 14. The portion of the schedule to the French version of the Order under the heading "TERRITOIRES DU NORD-OUEST" is amended by replacing the reference "Site canadien des pingos comprenant les zones décrites ci-après :" with the following: Site canadien des Pingos comprenant les zones décrites ci-après : COMING INTO FORCE 15. This Order comes into force on the day on which it is registered. [13-1-o] S.C. 2000, c. 32 C.R.C., c. 1112 |
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