Bill S-5 · 41th Parliament · Stephen Harper
Nááts’ihch’oh National Park Reserve Act
An Act to amend the Canada National Parks Act (Nááts’ihch’oh National Park Reserve of Canada)
Government bill. Became law.
- IntroducedMay 13, 2014
- Debated in principleMay 27, 2014
- Studied by a committeeDone
- Passed its first chamberJune 11, 2014
- Passed the second chamberDec. 11, 2014
- Became lawDec. 15, 2014
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Stephen HarperPrime Minister
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
What it set out to do
On 14 May 2014, the Leader of the Government in the Senate introduced Bill S-5, An Act to amend the Canada National Parks Act (Nááts’ihch’oh National Park Reserve of Canada) (Nááts’ihch’oh National Park Reserve Act) in the Senate and it was given first reading. Bill S-5 amends the Canada National Parks Act to establish Nááts’ihch’oh National Park Reserve of Canada. This new national park reserve protects 71 percent of the upper South Nahanni watershed within the Sahtu Settlement Area. Together, the Nahanni and Nááts'ihch'oh national park reserves protect about 86 percent of the entire South Nahanni watershed. Within the national park reserves, habitat for mountain woodland caribou, grizzly bears, Dall's sheep, mountain goats and Trumpeter swans will be preserved. Measuring 4,895 square kilometres, Nááts’ihch’oh National Park Reserve adjoins Nahanni National Park Reserve (which was significantly expanded in 2009) and it touches the Yukon boundary to the West.
Summary by the Library of Parliament.
Where members stand
Votes and debate for this bill have not been read yet.
How it changed on the way
68% of the text as introduced was changed or removed by the time it became law (3,992 words introduced, 3,597 passed).
minor changeintent kept
The bill passed with only a small addition to the park boundary coordinates in the schedule. All core provisions on establishing the reserve and allowing mining access roads stayed the same.
How precisely it is written
vagueChallenging the law: HardDisputing a charge: Moderate
The bill relies heavily on cross-references to other statutes applied with necessary adaptations and broad ministerial powers over licences and permits. Precise boundary coordinates stand in contrast to subjective discretion and undefined adaptations.
Open to argument
“with any adaptations that may be necessary”
This phrase appears repeatedly and invites argument over what changes are required without an objective test.“The Minister may issue, amend, renew, suspend or cancel — or approve the assignment of — licences”
Grants wide discretion without narrow criteria or defined limits on exercise of power.“a park warden or an enforcement officer designated for the purposes of this subsection”
Leaves designation and scope of authority to administrative choice rather than statutory definition.
Clear-cut
“All coordinates are referred to the 1983 North American Datum, Canadian Spatial Reference System (NAD83 CSRS)”
Uses an objective, publicly defined geographic standard for boundaries.
Discretion. The Minister holds broad power to issue, amend, suspend or cancel licences and permits for mining roads, incorporating external statutes with whatever adaptations the Minister deems necessary.
Challenging the law itself. Detailed geographic descriptions and specific incorporation of other acts reduce the chance of a successful vagueness or overbreadth challenge under section 7 of the Charter.
Disputing a charge under it. A person accused of breaching a condition or adapted provision could dispute whether the adaptation was necessary or properly applied from the referenced statutes.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
no evaluation found
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.