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

Fees

Marginal note:Fees for services and use of facilities

• 23 (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees or the manner of calculating the fees to be paid for a service or the use of a facility provided by the Agency.

• Marginal note:Amount not to exceed cost

  (2) Fees for a service or the use of a facility that are fixed under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.

Marginal note:Fees for products, rights and privileges

24 The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees or the manner of calculating fees in respect of products, rights or privileges provided by the Agency.

Marginal note:Consultation

• 25 (1) Before fixing a fee under section 23 or 24, the Minister must consult with any persons and organizations that the Minister considers to be interested in the matter.

• Marginal note:Publication

  (2) The Minister must publish any fee fixed under section 23 or 24 in the Canada Gazette within thirty days after fixing it.

• Marginal note:Reference to Scrutiny Committee

  (3) A fee fixed under section 23 or 24 stands permanently referred to the Committee referred to in section 19 of the Statutory Instruments Act to be reviewed and scrutinized as if it were a statutory instrument.

Marginal note:Regulations

26 The Treasury Board may make regulations for the purposes of sections 23 and 24.

Marginal note:Collection of fees

27 The Agency may enter into an agreement with any person respecting the collection of fees fixed under this Act or any other Act under which the Agency provides services, facilities, products, rights or privileges and, notwithstanding subsections 17(1) and (4) of the Financial Administration Act, authorizing that person to withhold amounts from those fees.

Marginal note:Remission of fees

28 The Minister may remit or refund all or part of a fee fixed under section 23 or 24 or under any other Act under which the Agency provides services, facilities, products, rights or privileges, and the interest on it.

Marginal note:Recovery of fees and costs

29 The Agency may recover, as a debt due to Her Majesty, any fee or charge fixed under this or any other Act, any costs incurred by the Agency, and any interest on those fees, charges or costs, that relate to providing a service, facility, product, right or privilege by the Agency under this or any other Act.

Marginal note:Delegation

30 The Minister may delegate to the Agency any power, duty or function conferred on the Minister under sections 23 to 25 and 28.

Reports and Plans

Marginal note:Report — heritage areas and programs

31 At least every five years, the Chief Executive Officer shall provide the Minister with a report, to be tabled in each House of Parliament, on the state of national parks, national historic sites, national marine conservation areas and other protected heritage areas and heritage protection programs, and on the Agency’s performance in carrying out its responsibilities under section 6.

Marginal note:Management plans

• 32. (1) In addition to the duties in relation to management plans under the Canada National Parks Act and the Canada National Marine Conservation Areas Act, the Chief Executive Officer shall, within five years after the establishment of a national historic site or other protected heritage area, other than the Rouge National Urban Park, or within five years after the coming into force of this section, whichever is later, provide the Minister with a management plan for that national historic site or other protected heritage area in respect of any matter that the Minister deems appropriate, including, but not limited to, commemorative and ecological integrity, resource protection or visitor use, and that plan shall be tabled in each House of Parliament.

• Marginal note:Review of management plans by Minister

  (2) The Minister shall review the management plan for each national historic site or other protected heritage area at least every 10 years and shall cause any amendments to the plan to be tabled in each House of Parliament.

33 [Repealed, 2012, c. 19, s. 320]

34 [Repealed, 2012, c. 19, s. 320]

Marginal note:Report on human resources regime

• 35 (1) The Chief Executive Officer must, at least every five years, have prepared by a person or body, other than the Agency or any of its officers or employees, a report on the consistency of its human resources regime with the values and principles that are to govern the management of its human resources.

• Marginal note:Available to the public

  (2) The report prepared under subsection (1) shall be made available to the public.

36 [Repealed, 2012, c. 19, s. 321]

Application of the Official Languages Act

Marginal note:Official Languages Act applies

36.1 For greater certainty, the Official Languages Act applies to the Agency and the Agency has the duty, under section 25 of that Act, to ensure that, where services are provided or made available by another person or organization on its behalf, any member of the public in Canada or elsewhere can communicate with and obtain those services from that person or organization in either official language, in any case where those services, if provided by the Agency, would be required under Part IV of the Official Languages Act to be provided in either official language.

Transitional

Marginal note:Appropriation Act

37 The provisions made by any appropriation Act for the fiscal year in which this section comes into force or a subsequent fiscal year, based on the Estimates for that year, to defray the charges and expenses of the public service of Canada within the Parks Canada Sector of the Department of Canadian Heritage in relation to any matter for which the Agency is responsible by virtue of this Act are deemed to be an amount appropriated for defraying the charges and expenses of the Agency in the amount that the Treasury Board may, on the recommendation of the Minister, determine.

Marginal note:Definitions

38 The definitions in this section apply in sections 39 to 45.

designated position

designated position has the same meaning as in subsection 2(1) of the Public Service Staff Relations Act. (poste désigné)

employee

employee means a person whose employment in the Department of Canadian Heritage is terminated under paragraph 11(2)(g.1) of the Financial Administration Act and who is appointed to the Agency following an offer of employment made by the Agency as a result of a transfer of any work, undertaking or business from the Department of Canadian Heritage to the Agency. (employé)

grievance

grievance has the same meaning as in subsection 2(1) of the Public Service Staff Relations Act. (grief)

Marginal note:Pending competitions and appointments

39 A competition being conducted or an appointment being or about to be made under the Public Service Employment Act in respect of a position within the Department of Canadian Heritage the duties and functions of which are assigned to a position within the Agency, may continue to be conducted or made as if the Agency were a department for the purposes of that Act.

Marginal note:Pending appeals

• 40 (1) An appeal made under section 21 of the Public Service Employment Act by any person against an appointment to a position within the Department of Canadian Heritage the duties and functions of which are assigned to a position within the Agency, and not finally disposed of on the assignment, must be dealt with and disposed of in accordance with that Act as if the Agency were a department for the purposes of that Act and the person continued to be an employee for the purposes of that Act.

• Marginal note:Other recourse

  (2) Any recourse commenced by an employee under the Public Service Employment Act that has not been finally dealt with on the appointment of the employee to the Agency must be dealt with and disposed of in accordance with that Act as if the Agency were a department for the purposes of that Act and the person continued to be an employee for the purposes of that Act.

Marginal note:Employees on probation

• 41 (1) Every employee who was considered to be on probation under section 28 of the Public Service Employment Act immediately before being appointed to the Agency continues on probation with the Agency until the end of any period established by the Public Service Commission by regulation for that employee or a class of persons of which that employee is a member.

• Marginal note:Rejection

  (2) Subsection 28(2) of the Public Service Employment Act applies to an employee of the Agency who is on probation but the reference to deputy head in that subsection is to be read as a reference to the Chief Executive Officer.

Marginal note:Designated positions

42 If an employee, immediately before being appointed to the Agency, occupied a position that was a designated position in the Department of Canadian Heritage, that employee is, on appointment to the Agency, deemed to occupy a designated position in the Agency.

Marginal note:Pending grievances

• 43 (1) Any grievance commenced by an employee under the Public Service Staff Relations Act that has not been finally dealt with on the appointment of the employee to the Agency, must be dealt with and disposed of in accordance with that Act as if the employee’s employment in the Department of Canadian Heritage had not been terminated.

• Marginal note:Implementation of decision

  (2) A final decision with respect to a grievance referred to in subsection (1) that provides for the reinstatement of or payment of money to a person must be implemented by the Agency as soon as practicable.

Marginal note:Successor rights

44 For the purpose of section 48.1 of the Public Service Staff Relations Act, the Governor in Council may fix the date on which the Parks Canada Sector and any other portion of the Department of Canadian Heritage are deemed to be severed from the Department and to become a part of the Agency, and that date is to be used for the purposes of subsections 48.1(3), (6) and (7) of that Act.

45 [Repealed, 2000, c. 32, s. 60]

Consequential Amendments

46 to 61.01 [Amendments]

Conditional Amendment

61.1 [Amendment]

Coming into Force

Marginal note:Coming into force

Footnote ^*62 This Act or any of its provisions, or any provision of an Act enacted or amended by this Act, comes into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act, other than sections 19 to 22, 51, 55, 56 and 61.01, in force December 21, 1998, sections 19 to 22, 51, 55, 56 and 61.01 in force April 1, 1999, see SI/99-4.]