Marginal note:Binding on Her Majesty

3. This Act is binding on Her Majesty in right of Canada or a province.

Marginal note:Parks dedicated to public

• 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.

• Marginal note:Purpose of reserves

  (2) Park reserves are established in accordance with this Act for the purpose referred to in subsection (1) where an area or a portion of an area proposed for a park is subject to a claim in respect of aboriginal rights that has been accepted for negotiation by the Government of Canada.

Marginal note:National parks of Canada

• 5. (1) Subject to section 7, the Governor in Council may, by order, for the purpose of establishing or enlarging a park, amend Schedule 1 by adding the name and a description of the park, or by altering the description of the park, if the Governor in Council is satisfied that

  • (a) Her Majesty in right of Canada has clear title to or an unencumbered right of ownership in the lands to be included in the park; and

  • (b) the government of the province in which those lands are situated has agreed to their use for that purpose.

• Marginal note:Judicial finding as to title

  (2) If a court of competent jurisdiction finds that Her Majesty in right of Canada does not have clear title to or an unencumbered right of ownership in lands within a park, the Governor in Council may, by order, amend Schedule 1 by removing the name and description of the park or by altering that description.

• Marginal note:No reduction of park area

  (3) Except as provided by subsection (2), no amendment may be made by the Governor in Council to Schedule 1 for the purpose of removing any portion of a park.

Marginal note:Reserves for parks

• 6. (1) Subject to section 7, the Governor in Council may, by order, for the purpose of establishing or enlarging a park reserve, amend Schedule 2 by adding the name and a description of the reserve, or by altering the description of the reserve, if the Governor in Council is satisfied that the government of the province in which the lands to be included in the reserve are situated has agreed to their use for that purpose.

• Marginal note:Reserve lands becoming park

  (2) Where a claim referred to in subsection 4(2) is settled, the Governor in Council may, by order,

  • (a) amend Schedule 2 by removing the name and description of the park reserve or by altering that description; and

  • (b) if the settlement provides that the park reserve or part of it is to become a park or part of one, amend Schedule 1 by adding the name and a description of the park or by altering the description of the park, if the Governor in Council is satisfied that Her Majesty in right of Canada has clear title to or an unencumbered right of ownership in the lands to be included in the park.

• Marginal note:Judicial finding as to title

  (3) If a court of competent jurisdiction finds that Her Majesty in right of Canada does not have clear title to or an unencumbered right of ownership in lands within a park reserve, the Governor in Council may, by order, amend Schedule 2 by removing the name and description of the reserve or by altering that description.

• Marginal note:No reduction of reserve area

  (4) Except as provided by subsections (2) and (3), no amendment may be made by the Governor in Council to Schedule 2 for the purpose of removing any portion of a park reserve.