Canada National Marine Conservation Areas Act (S.C. 2002, c. 18)
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Act current to 2012-05-02 and last amended on 2010-12-10. Previous Versions
Canada National Marine Conservation Areas Act
S.C. 2002, c. 18
Assented to 2002-06-13
An Act respecting the national marine conservation areas of Canada
Preamble
Whereas the protection of natural, self-regulating marine ecosystems is important for the maintenance of biological diversity;
Whereas the Government of Canada is committed to adopting the precautionary principle in the conservation and management of the marine environment so that, where there are threats of environmental damage, lack of scientific certainty is not used as a reason for postponing preventive measures;
And whereas Parliament wishes to affirm the need to
establish a system of marine conservation areas that are representative of the Atlantic, Arctic and Pacific Oceans and the Great Lakes and are of sufficient extent and such configuration as to maintain healthy marine ecosystems,
ensure that Canada contributes to international efforts for the establishment of a worldwide network of representative marine protected areas,
consider implications for ecosystems in the planning and management of marine conservation areas so established,
provide opportunities for the people of Canada and of the world to appreciate and enjoy Canada’s natural and cultural marine heritage,
recognize that the marine environment is fundamental to the social, cultural and economic well-being of people living in coastal communities,
provide opportunities, through the zoning of marine conservation areas, for the ecologically sustainable use of marine resources for the lasting benefit of coastal communities,
promote an understanding of the marine environment and provide opportunities for research and monitoring,
consider traditional ecological knowledge in the planning and management of marine conservation areas, and
involve federal and provincial ministers and agencies, affected coastal communities, aboriginal organizations, aboriginal governments, bodies established under land claims agreements and other appropriate persons and bodies in the effort to establish and maintain the representative system of marine conservation areas;
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Canada National Marine Conservation Areas Act.
INTERPRETATION
Marginal note:Definitions
2. (1) The definitions in this subsection apply in this Act.
“disposal”
« immersion »
“disposal” has the same meaning as in section 122 of the Canadian Environmental Protection Act, 1999, read without reference to the sea.
“ecosystem”
« écosystème »
“ecosystem” means a dynamic complex of animal, plant and microorganism communities and their non-living environment interacting as a functional unit.
“enforcement officer”
« agent de l’autorité »
“enforcement officer” means a person designated under section 19 or belonging to a class of persons so designated.
“fishing”
« pêche »
“fishing” has the meaning given to that expression in the Fisheries Act.
“marine conservation area”
« aire marine de conservation »
“marine conservation area” means a national marine conservation area of Canada named and described in Schedule 1.
“marine conservation area warden”
« garde d’aire marine de conservation »
“marine conservation area warden” means a person designated under section 18.
“Minister”
« ministre »
“Minister” means the Minister responsible for the Parks Canada Agency.
“public lands”
« terres domaniales »
“public lands” means lands, including submerged lands, that belong to Her Majesty in right of Canada or that the Government of Canada has the power to dispose of, whether or not subject to the terms of any agreement between the Government of Canada and the government of a province.
“reserve”
« réserve »
“reserve” means a national marine conservation area reserve of Canada named and described in Schedule 2.
“superintendent”
« directeur »
“superintendent” means a person appointed under the Parks Canada Agency Act who holds the office of superintendent of a marine conservation area, and includes any other person appointed under that Act who is authorized by that person to act on that person’s behalf.
“waste or other matter”
« déchets ou autres matières »
“waste or other matter” means waste or other matter listed in Schedule 5 to the Canadian Environmental Protection Act, 1999.
Marginal note:Aboriginal rights
(2) For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.
Marginal note:Exclusive economic zone
(3) The establishment of a marine conservation area within the exclusive economic zone of Canada does not constitute a claim to any rights, jurisdiction or duties beyond those set out in section 14 of the Oceans Act.
Marginal note:Application of Act to reserves
(4) This Act applies to a reserve as if it were a marine conservation area.
- 2002, c. 18, s. 2;
- 2005, c. 2, s. 6.