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

Marginal note:Management plans

• 9 (1) The Minister shall, within five years after a marine conservation area is established, in consultation with relevant federal and provincial ministers and agencies, with affected coastal communities, aboriginal organizations, aboriginal governments and bodies established under land claims agreements, and with other persons and bodies that the Minister considers appropriate, prepare a management plan for the marine conservation area that includes a long-term ecological vision for the marine conservation area and provision for ecosystem protection, human use, zoning, public awareness and performance evaluation, which shall be tabled in each House of Parliament.

• Marginal note:Review of management plans by Minister

  (2) The Minister shall review the management plan for each marine conservation area at least every 10 years and shall cause any amendments to the plan to be tabled in each House of Parliament.

• Marginal note:Primary considerations

  (3) In order to protect marine ecosystems and maintain marine biodiversity, the primary considerations in the development and modification of management plans and interim management plans shall be principles of ecosystem management and the precautionary principle.

• Marginal note:Minister of Fisheries and Oceans

  (4) Provisions of a management plan or an interim management plan respecting fishing, aquaculture and fisheries management are subject to an agreement between the Minister and the Minister of Fisheries and Oceans.

• Marginal note:Minister of Transport and Minister of Fisheries and Oceans

  (4.1) Provisions of a management plan or an interim management plan respecting marine navigation and marine safety are subject to an agreement between the Minister, the Minister of Transport and the Minister of Fisheries and Oceans.

• Marginal note:Land claims agreements

  (5) If a marine conservation area includes an area that is the subject of a land claims agreement, the management plan or interim management plan for the marine conservation area and any amendments to it shall be prepared in a manner consistent with any applicable provisions of the agreement.

Marginal note:Consultation

• 10 (1) The Minister shall consult with relevant federal and provincial ministers and agencies, with affected coastal communities, aboriginal organizations, aboriginal governments and bodies established under land claims agreements, and with other persons and bodies that the Minister considers appropriate in the development of marine conservation area policy and regulations, the establishment of any proposed marine conservation area and the modification of any marine conservation area, and any other matters that the Minister considers appropriate.

• Marginal note:Progress reports

  (2) At least every two years, the Minister shall cause to be tabled in each House of Parliament a report on the state of marine conservation areas and on progress towards completion of a representative system of marine conservation areas.

Marginal note:Area advisory committees

• 11 (1) The Minister shall, for each marine conservation area, establish a management advisory committee to advise the Minister on the formulation, review and implementation of the management plan for the area.

• Marginal note:Other advisory committees

  (2) The Minister may establish other advisory committees to review and evaluate any aspect of marine conservation area policy or administration.

• Marginal note:Composition

  (3) The Minister shall consult with relevant federal and provincial ministers and agencies, with affected coastal communities, aboriginal organizations, aboriginal governments and bodies established under land claims agreements, and with other persons and bodies that the Minister considers appropriate with respect to the composition of advisory committees.

Prohibitions

Marginal note:No disposition or use without authority

12 Except as permitted by this Act or the regulations,

• (a) no interest in public lands in a marine conservation area may be disposed of; and

• (b) no person shall use or occupy public lands in a marine conservation area.

Marginal note:Exploration and exploitation

13 No person shall explore for or exploit hydrocarbons, minerals, aggregates or any other inorganic matter within a marine conservation area.

Marginal note:Disposal of substances

• 14 (1) No person shall dispose of any substance in waters within a marine conservation area except as authorized by a permit issued by a superintendent pursuant to this Act or, in the case of waters to which subsection 125(1) of the Canadian Environmental Protection Act, 1999 applies, authorized by section 130 of that Act or by a permit issued by the Minister of the Environment pursuant to section 127 or 128 of that Act.

• Marginal note:Permits under CEPA, 1999

  (2) No permit may be issued under section 127 or 128 of the Canadian Environmental Protection Act, 1999 for disposal in the waters of a marine conservation area except with the concurrence of the Minister.

Marginal note:Permits and authorizations

• 15 (1) Subject to section 7.1, the superintendent of a marine conservation area may, to the extent authorized by the regulations, 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

• 16 (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 Canadian Navigable Waters Act, the Aeronautics Act or the Wrecked, Abandoned or Hazardous Vessels Act to the extent of any conflict between them.

Marginal note:Exemption of ship and air movements and activities

17 The Governor in Council may, by regulation, exempt from any regulation made under section 16 or from any provision thereof, subject to any conditions that the Governor in Council considers appropriate, movements or activities of a ship or aircraft, or of a class of ships or aircraft, owned by or operated by or on behalf of Her Majesty in right of Canada, or owned or operated by Her Majesty in right of a province or by a foreign state, if so recommended by the Minister and any other minister of the Crown having responsibility in relation to the movement or activity and if the Governor in Council is satisfied that the exemption is necessary

• (a) in the interests of Canadian sovereignty or security; or

• (b) for the conduct of any maritime activity by Canada, a province or a foreign state that is consistent with the purposes of this Act.

Enforcement

Marginal note:Designation of marine conservation area wardens

18 The Minister may designate persons appointed under the Parks Canada Agency Act whose duties include the enforcement of this Act to be marine conservation area wardens

• (a) for the enforcement of this Act and the regulations in any part of Canada or the exclusive economic zone of Canada, and

• (b) for the preservation and maintenance of the public peace in marine conservation areas, except in any portion of them situated within the exclusive economic zone of Canada,

and marine conservation area wardens are, for those purposes, peace officers within the meaning of the Criminal Code.

Marginal note:Designation of enforcement officers

19 The Minister may designate persons or classes of persons employed in the public service of Canada or by a provincial, municipal or local authority or an aboriginal government, whose duties include law enforcement, to be enforcement officers for the purpose of the enforcement of specified provisions of this Act or the regulations in specified marine conservation areas, and for that purpose enforcement officers have the powers and are entitled to the protection provided by law to peace officers within the meaning of the Criminal Code.

Marginal note:Contraventions Act

• 19.1 (1) The Minister may designate persons or classes of persons employed in the federal public administration or by a provincial, municipal or local authority or by an aboriginal government for the purpose of the enforcement of this Act or the regulations with respect to offences that have been designated as contraventions under the Contraventions Act.

• Marginal note:Limitations regarding designations

  (2) The Minister may specify that a designation is in respect of one or more marine conservation areas or in respect of all or specified offences under this Act that have been designated as contraventions under the Contraventions Act.

Marginal note:Certificate of designation and oath

• 20 (1) Every marine conservation area warden, enforcement officer and person designated under section 19.1 shall be provided with a certificate of designation in a form approved by the Minister and shall take and subscribe an oath prescribed by the Minister.

• Marginal note:Limitations must be specified

  (2) The certificate must specify the limitations, if any, to which the designation is subject.

Marginal note:Right of passage

20.1 In the discharge of their duties, marine conservation area wardens and enforcement officers and any persons accompanying them may enter on and pass through or over private property without being liable for doing so and without any person having the right to object to that use of the property.

Marginal note:Immunity

20.2 Marine conservation area wardens and enforcement officers are not personally liable for anything they do or omit to do in good faith under this Act.

Marginal note:Arrest without warrant

21 A marine conservation area warden or enforcement officer may, in accordance with the Criminal Code, arrest without warrant any person

• (a) whom the warden or officer finds committing an offence under this Act; or

• (b) who the warden or officer believes, on reasonable grounds, has committed or is about to commit an offence under this Act.