Parks Canada Agency Act (S.C. 1998, c. 31)

Marginal note:Choice of goods and services providers

9 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.

Organization of Agency

Marginal note:Appointment

• 10 (1) 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.

• Marginal note:Remuneration

  (2) The Chief Executive Officer shall be paid the remuneration that may be fixed by the Governor in Council.

Marginal note:Absence or incapacity

11 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.

Marginal note:Role of Chief Executive Officer

• 12 (1) The Chief Executive Officer, under the direction of the Minister, has the control and management of the Agency and all matters connected with it.

• Marginal note:Rank of deputy head

  (2) The Chief Executive Officer has the rank and all the powers of a deputy head of a department.

• Marginal note:Guiding principles and operational policies

  (3) 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.

• Marginal note:Delegation

  (4) 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.

Human Resources

Marginal note:Personnel

• 13 (1) The Chief Executive Officer has exclusive authority to

  • (a) appoint, lay-off or terminate the employment of the employees of the Agency; and

  • (b) establish standards, procedures and processes governing staffing, including the appointment, lay-off or termination of employment otherwise than for cause, of employees.

• Marginal note:Right of employer

  (2) 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).

• Marginal note:Human resources management

  (3) 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

  • (a) determine the organization of and classify the positions in the Agency;

  • (b) set the terms and conditions of employment, including termination of employment for cause, for employees and assign duties to them; and

  • (c) provide for any other matters that the Chief Executive Officer considers necessary for effective human resources management in the Agency.

Marginal note:Political activities

• 14 (1) 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.

• Marginal note:Services of the Public Service Commission

  (2) 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.

Marginal note:Negotiation of collective agreements

15 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.

General

Marginal note:Charter for the Agency

• 16 (1) The Chief Executive Officer is responsible for establishing a charter for the Agency that sets out the values and principles governing

  • (a) the provision of services by the Agency to the public; and

  • (b) the management of the human resources of the Agency.

• Marginal note:Available to the public

  (2) The charter established under subsection (1) shall be made available to the public.

Marginal note:Principal office

17 The principal office of the Agency shall be in the National Capital Region described in the schedule to the National Capital Act.

Marginal note:Legal proceedings

• 18 (1) 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.

• Marginal note:Property

  (2) 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.

Financial Provisions

Marginal note:Appropriations

• 19 (1) 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.

• (2) [Repealed, 2019, c. 29, s. 334]

Marginal note:Interpretation

• 20 (1) 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.

• Marginal note:Operational revenues

  (2) 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

  • (a) 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;

  • (b) 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:

    • (i) the lease or giving of a licence,

    • (ii) the transfer to Her Majesty in any right other than Canada of administration and control, otherwise than in perpetuity, and

    • (iii) a disposition of any right or interest, other than a disposition referred to in paragraph 21(2)(a);

  • (c) 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;

  • (d) proceeds from any money recovered under section 29; and

  • (e) any refund of expenditures made in previous fiscal years.

Marginal note:Establishment of New Parks and Historic Sites Account

• 21 (1) There is hereby established an account in the accounts of Canada to be called the New Parks and Historic Sites Account.

• Marginal note:Amounts credited to Account

  (2) 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

  • (a) 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:

    • (i) the sale or any other disposition in perpetuity of any right or interest,

    • (ii) the transfer of administration to another minister or to an agent corporation, and

    • (iii) the transfer of administration and control in perpetuity to Her Majesty other than in right of Canada; and

  • (b) a gift, bequest or other form of donation made for the purposes of the Agency or for any purpose specified in subsection (3).

• Marginal note:Payments out of New Parks and Historic Sites Account

  (3) Despite any other Act of Parliament, amounts may be paid out of the New Parks and Historic Sites Account for the following purposes:

  • (a) 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;

  • (b) 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;

  • (c) 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;

  • (d) 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

  • (e) to repay advances made under subsection 22(2).

• (4) and (5) [Repealed, 2017, c. 10, s. 4]

Marginal note:Statutory appropriation

• 22 (1) 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.

• Marginal note:Advances to the Account

  (2) 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.

• Marginal note:Credits to the Account

  (3) An advance made as authorized under subsection (2) must be credited to the New Parks and Historic Sites Account.

• Marginal note:Repayment of advances

  (4) 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).

• Marginal note:Amount may be changed

  (5) The amount of advances authorized under subsection (1) may be amended, from time to time, by an item in an appropriation Act.