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An Act to amend the Oceans Act and the Canada Petroleum Resources Act (S.C. 2019, c. 8)

Assented to 2019-05-27

An Act to amend the Oceans Act and the Canada Petroleum Resources Act

S.C. 2019, c. 8

Assented to 2019-05-27

An Act to amend the Oceans Act and the Canada Petroleum Resources Act

SUMMARY

This enactment amends the Oceans Act to, among other things,

  • (a) clarify the responsibility of the Minister of Fisheries and Oceans to establish a national network of marine protected areas;

  • (b) empower the Minister to designate marine protected areas by order and prohibit certain activities in those areas;

  • (c) provide that, within five years after the day on which the order of the Minister designating a marine protected area comes into force, the Minister is to make a recommendation to the Governor in Council to make regulations to replace that order or is to repeal it;

  • (d) provide that the Governor in Council and Minister cannot use the lack of scientific certainty regarding the risks posed by any activity as a reason to postpone or refrain from exercising their powers or performing their duties and functions under subsection 35(3) or 35.1(2);

  • (e) update and strengthen the powers of enforcement officers;

  • (f) update the Act’s offence provisions, in particular to increase the amount of fines and to provide that ships may be subject to the offence provisions; and

  • (g) create new offences for a person or ship that engages in prohibited activities within a marine protected area designated by an order or that contravenes certain orders.

This enactment also makes amendments to the Canada Petroleum Resources Act to, among other things,

  • (a) expand the Governor in Council’s authority to prohibit an interest owner from commencing or continuing a work or activity in a marine protected area that is designated under the Oceans Act;

  • (b) empower the competent Minister under the Canada Petroleum Resources Act to cancel an interest that is located in a marine protected area that is designated under the Oceans Act or in an area of the sea that may be so designated; and

  • (c) provide for compensation to the interest owner for the cancellation or surrender of such an interest.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1996, c. 31Oceans Act

Amendments to the Act

1 The Oceans Act is amended by adding the following before section 28:

Application

2 The Act is amended by adding the following before section 29:

National Strategy

3 The Act is amended by adding the following before section 35:

Designation of Marine Protected Areas

  • 4 (1) The portion of subsection 35(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Marine protected areas

    • 35 (1) A marine protected area is an area of the sea that forms part of the internal waters of Canada, the territorial sea of Canada or the exclusive economic zone of Canada and has been designated under this section or section 35.1 for special protection for one or more of the following reasons:

  • (1.1) Section 35(1) of the Act is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e):

    • (f) the conservation and protection of marine areas for the purpose of maintaining ecological integrity.

  • (1.2) Section 35 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Definition of ecological integrity

      (1.1) For the purpose of paragraph (1)(f), ecological integrity means a condition in which

      • (a) the structure, composition and function of ecosystems are undisturbed by any human activity;

      • (b) natural ecological processes are intact and self-sustaining;

      • (c) ecosystems evolve naturally; and

      • (d) an ecosystem’s capacity for self-renewal and its biodiversity are maintained.

  • (2) Subsection 35(2) of the Act is replaced by the following:

    • Marginal note:Network of marine protected areas

      (2) For the purposes of integrated management plans referred to in sections 31 and 32, the Minister shall lead and coordinate the development and implementation of a national network of marine protected areas on behalf of the Government of Canada.

    • Marginal note:Performance of duties and functions

      (2.1) In performing his or her duties and functions under subsection (2), the Minister shall ensure that:

      • (a) clearly identified objectives are set with regard to each marine protected area; and

      • (b) the network of marine protected areas covers diverse habitat types, biogeographic regions and environmental conditions.

  • (3) Subsection 35(3) of the Act is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:

    • (b) delineating zones within marine protected areas;

    • (c) prohibiting classes of activities within marine protected areas; and

    • (d) respecting any other matter consistent with the purpose of the designation.

5 The Act is amended by adding the following after section 35:

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)

    ongoing

    ongoing means, with respect to an activity in the area of the sea that is designated by an order made under subsection (2) as a marine protected area, that the activity

    • (a) was lawfully carried out in the year immediately before the day on which the order comes into force and does not require an authorization, including a permit or licence, under any applicable federal laws or laws of a province;

    • (b) was lawfully carried out in the year immediately before the day on which the order comes into force and was authorized, including by a permit or licence, under any applicable federal laws or laws of a province; or

    • (c) was not carried out before the day on which the order comes into force, but was authorized and continues to be authorized, including by a permit or licence, under any applicable federal laws or laws of a province. (en cours)

  • 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

    • (a) shall list the classes of activities that are ongoing activities in the marine protected area;

    • (b) shall prohibit, in the marine protected area, any activity that is not part of a class of activities set out in paragraph (a) and that disturbs, damages, destroys or removes from that marine protected area any unique geological or archeological features or any living marine organism or any part of its habitat or is likely to do so;

    • (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

    • (d) may exempt from the prohibition in paragraph (b) or (c), subject to any conditions that the Minister considers appropriate, any activity referred to in those paragraphs in the marine protected area by a foreign national, an entity incorporated or formed by or under the laws of a country other than Canada, a foreign ship or a foreign state.

  • Marginal note:Exceptions

    (3) The prohibitions set out in an order made under subsection (2) do not apply to the following activities:

    • (a) activities that are carried out in response to an emergency situation or that are carried out by or on behalf of Her Majesty for the purpose of public safety, national defence, national security or law enforcement; and

    • (b) marine scientific research activities that are consistent with the purpose of the designation of the marine protected area and that are authorized under federal laws or laws of a province, if required to be so authorized.

  • Marginal note:Publication of report

    (4) If an order is made under subsection (2), the Minister shall publish, in any manner that the Minister considers appropriate, a report

    • (a) indicating the area of the sea designated in the order;

    • (b) summarizing the consultations undertaken prior to making the order; and

    • (c) summarizing the information that the Minister considered when making the order, which may include environmental, social, cultural or economic information.

Marginal note:Powers, duties and functions

35.2 The Governor in Council and the Minister shall not use lack of scientific certainty regarding the risks posed by any activity that may be carried out in certain areas of the sea as a reason to postpone or refrain from exercising their powers or performing their duties and functions under subsection 35(3) or 35.1(2).

Marginal note:Recommendation of Minister

  • 35.3 (1) The Minister shall, not later than the fifth anniversary of the day on which an order under subsection 35.1(2) comes into force,

    • (a) recommend to the Governor in Council that the Governor in Council make a regulation under subsection 35(3) to designate a marine protected area covering at least part of the area of the sea that is designated by the order made under subsection 35.1(2); or

    • (b) repeal the order.

  • Marginal note:Repeal of Minister’s order

    (2) The Governor in Council may repeal the order if the Governor in Council makes a regulation referred to in paragraph (1)(a).

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