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Marginal note:Application of provincial law

• 9 (1) Subject to this section and to any other Act of Parliament, the laws of a province apply in any area of the sea

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• Marginal note:Interpretation

  (3) For the purposes of this section, the laws of a province shall be applied as if the area of the sea in which those laws apply under this section were within the territory of that province.

• Marginal note:Sums due to province

  (4) Any sum due under a law of a province that applies in an area of the sea under this section belongs to Her Majesty in right of the province.

• Marginal note:Limitation

  (5) For greater certainty, this section shall not be interpreted as providing a basis for any claim, by or on behalf of a province, in respect of any interest in or legislative jurisdiction over any area of the sea in which a law of a province applies under this section or the living or non-living resources of that area, or as limiting the application of any federal laws.

Marginal note:Interim marine protected areas in emergency situations

• 36 (1) The Governor in Council, on the recommendation of the Minister, may make orders exercising any power under section 35 on an emergency basis, where the Minister is of the opinion that a marine resource or habitat is or is likely to be at risk to the extent that such orders are not inconsistent with a land claims agreement that has been given effect and has been ratified or approved by an Act of Parliament.

• Marginal note:Exemption from Statutory Instruments Act

  (2) An order made under this section is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act.

• Marginal note:Temporary effect

  (3) An order made under this section that is not repealed ceases to have effect 90 days after it is made.

Marginal note:Interim marine protected areas in emergency situations

• 36 (1) The Governor in Council, on the recommendation of the Minister, may make orders exercising any power under section 35 on an emergency basis, where the Minister is of the opinion that a marine resource or habitat is or is likely to be at risk to the extent that such orders are not inconsistent with a land claims agreement that has been given effect and has been ratified or approved by an Act of Parliament.

• Marginal note:Exemption from Statutory Instruments Act

  (2) An order made under this section is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act.

• Marginal note:Temporary effect

  (3) An order made under this section that is not repealed ceases to have effect 90 days after it is made.

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Marginal note:Compliance order

• 39.22 (1) If an enforcement officer has reasonable grounds to believe that a person is committing an offence under this Act — or is about to commit an offence under this Act — the enforcement officer may issue a compliance order directing any person described in subsection (3) to take, at their own expense, any of the measures referred to in subsection (4) that the enforcement officer believes are reasonable in the circumstances, and consistent with the protection and preservation of the marine environment and with public safety, in order to cease the commission of the offence or to refrain from committing it.

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• (4) The compliance order may require that the person to whom it is directed take one or more of the following measures:

  • (a) do anything to comply with this Act or the regulations;

  • (b) refrain from doing anything in contravention of this Act or the regulations;

  • (c) cease any activity for a specified period or until the enforcement officer is satisfied that the activity is in compliance with this Act and the regulations;

• Marginal note:Contents of compliance order

  (5) Subject to section 39.23, the compliance order shall be made in writing and shall set out

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  • (b) the provisions of this Act or the regulations, or the order made under subsection 35.1(2) or 36(1), that has been or that is about to be contravened;

• Marginal note:Statutory Instruments Act

  (6) A compliance order is not a statutory instrument for the purposes of the Statutory Instruments Act.

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Marginal note:Definitions

• 35.1 (1) The following definitions apply in this section.

  foreign national

  foreign national  has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (étranger)

  foreign ship

  foreign ship  means a ship that is a foreign vessel, as defined in section 2 of the Canada Shipping Act, 2001. (navire étranger)

• Marginal note:Designation of marine protected area — Minister’s order

  (2) The Minister may, by order, designate a marine protected area in any area of the sea that is not designated as a marine protected area under paragraph 35(3)(a), in a manner that is not inconsistent with a land claims agreement that has been given effect and has been ratified or approved by an Act of Parliament and, in that order, the Minister

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  • (c) may prohibit, in the marine protected area, any activity that is part of a class of activities set out in paragraph (a) and that is governed by an Act of Parliament under which the Minister is responsible for the management, conservation or protection of fisheries resources; and

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