Canada National Marine Conservation Areas Act (S.C. 2002, c. 18)

Act current to 2014-06-12 and last amended on 2014-04-01. Previous Versions

Marginal note:Permits and authorizations
  •  (1) To the extent authorized by the regulations, the superintendent of a marine conservation area may issue, amend, suspend and revoke permits and other authorizing instruments for activities that are consistent with the management plan or interim management plan in the marine conservation area.

  • Marginal note:Fishing licences

    (2) A fishing licence issued under the Fisheries Act is deemed to be a permit issued under this Act to carry out the activities permitted by the licence, subject to regulations made under subsection 16(1) on the recommendation of the Minister and the Minister of Fisheries and Oceans.

  • Marginal note:Superintendent may not amend

    (3) For greater certainty, the superintendent of a marine conservation area may not amend, suspend or revoke a fishing licence issued under the Fisheries Act.

REGULATIONS

Marginal note:Regulations
  •  (1) The Governor in Council may make regulations, consistent with international law, for the control and management of any or all marine conservation areas, including regulations

    • (a) for the protection of ecosystems and the elements of ecosystems;

    • (b) for the protection of cultural, historical and archaeological resources;

    • (c) for the management and control of renewable resource harvesting activities;

    • (d) respecting the delimitation of zones within marine conservation areas;

    • (e) restricting or prohibiting activities or regulating the use of facilities in marine conservation areas or in any zones;

    • (f) respecting the issuance, amendment, suspension and revocation of permits and other authorizing instruments pursuant to section 15, including the number of persons who may hold any class of permits or other instruments and the authority of superintendents to impose conditions on holders of permits or other instruments;

    • (g) respecting the determination of fees, rates, rents and other charges for the use of resources, facilities and services and the issuance and amendment of permits and other authorizing instruments;

    • (h) authorizing the granting, and the surrender or relinquishment, of leases, licences, easements or servitudes, of or over public lands in marine conservation areas for uses compatible with section 4;

    • (i) respecting the safety of the public;

    • (j) for the control of the flight of aircraft to prevent danger or disturbances to wildlife and wildlife habitat, and respecting the takeoff, landing and taxiing of aircraft;

    • (k) for the control of scientific research activities;

    • (l) authorizing the disposal of waste or other matter by persons holding permits for that purpose, in the manner and to the extent specified in the regulations, in waters of a marine conservation area to which subsection 125(1) of the Canadian Environmental Protection Act, 1999 does not apply;

    • (m) exercising, in relation to marine conservation areas, any of the powers to make regulations conferred on the Governor in Council by the Canada National Parks Act; and

    • (n) designating provisions of the regulations for the purpose of subsection 24(1).

  • Marginal note:Search and rescue operations

    (1.1) Regulations made under this section do not apply in respect of search and rescue operations carried out by any federal authority.

  • Marginal note:Fisheries and aquaculture

    (2) Regulations under this section respecting fisheries management and conservation or restricting or prohibiting fishing or aquaculture may be made only on the recommendation of the Minister and the Minister of Fisheries and Oceans.

  • Marginal note:Marine matters

    (3) Regulations under this section that restrict or prohibit marine navigation or activities related to marine safety, to the extent that such regulations can be made on the recommendation of the Minister of Transport under the Canada Shipping Act, 2001 or the Arctic Waters Pollution Prevention Act, may only be made on the recommendation of the Minister and the Minister of Transport.

  • Marginal note:Air navigation

    (4) Regulations under paragraph (1)(j) that restrict or prohibit air navigation may be made only on the recommendation of the Minister and the Minister of Transport.

  • Marginal note:Conflicts

    (5) Regulations referred to in subsection (2), (3) or (4) prevail over regulations made under the Fisheries Act, the Coastal Fisheries Protection Act, the Canada Shipping Act, 2001, the Arctic Waters Pollution Prevention Act, the Navigation Protection Act or the Aeronautics Act to the extent of any conflict between them.

  • 2002, c. 18, s. 16;
  • 2001, c. 26, s. 322;
  • 2005, c. 29, s. 35;
  • 2009, c. 14, s. 20;
  • 2012, c. 31, s. 346.